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Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....s No. 1,2 and 3 purchased the case land from Mohammad Taj Ali and Sirajunnessa Khatun opposite parties Nos. 4 and 5 of the revisional application before the High Court Division by a registered Kabala dated 4-2-1987 at a consideration of Tk. 30,000/-as the respondent is the owner of......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......usion that this writ petition is per se not maintainable as being improper and frivolous." 9. Leave was granted to consider the submission that the writ petition having not been posted in the cause list for "hearing of the Rule", but was posted for hearing as "ap......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....eafter submitted charge sheet under the aforesaid sections and trial was held in his absence and after the trial the learned Sessions Judge and Special Tribunal Judge, Pabna, on receipt of the record registered the case as Special Tribunal Case no. 22 of 1992 and eventually the said case was tried b......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ..Category: Criminal Law | Date: | Hits: 89
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......997 and the appeal filed by the respondent was also dismissed and then he preferred a review petition on 27.10.1999 to the authority and the authority reinstated him in the service but reducing his post of Senior Principal Officer to that of Principal Officer without any arrear salary and other al......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......ten) years and fine of Tk. 3000/-. 2. The case of the prosecution in brief is that in the last election of the local Union Parishad accused Mashuq Mia alias Iqbal was a candidate for the post of Chairman and in that election the informant and his sons worked against accused Mashuq Mia. ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
.... subject to any restrictions imposed by law. 2. Respondent filed the writ petition stating, inter alia, that he is the managing Director of 'Friends Fishing Corporation' a private limited company registered under the Companies Act, 1913 and is also the owner of two Fishing Trawlers at Chittagong......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....s in favour of the defendants predecessor. The trial court as well as the court of appeal below disbelieved DWs. 1 and 2 in this regard. The kabuliyats produced by the defendant appellants being registered documents much emphasis has been given by the learned counsel of the appellants and also ......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....terms whereof Jalal Ahmed Chowdhury got the disputed land in the 8 annas share allotted to him. He thus came to possess the disputed land exclusively. The plaintiffs purchased this land from him by a registered kabala dated 18th February 1987 and have since been in possession thereof. During the S.A......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....dispute to the Arbitration of 7 named Arbitrators and stipulated that they would abide by an award passed unanimously or by majority; 5 out of the 7 Arbitrators passed an award which after being registered was filed by them in Court under section 14 of the Arbitration Act. One of the party ther......it may think proper deliver his or its award which shall be final conclusive and binding on all parties to this contract. Note:- The Executive Engineer holding the current charge of the post of Superintending Engineer shall not be appointed as arbitrator or as Member of the Board of En......ases Referred to- Hashmat Ali Jamadar and others Vs. Asmat Ali Jamadar, 6 DLR 478; Sachindra Lal Das and others Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others, 40 DLR(AD) 56. Lawyers Involved: Rafique-Ul-Haq, Senior Advocate instructed by Mvi Md. Wa..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......ng legality of the action of the Government of Bangladesh, Inspector General of Police and Bangladesh Public, Service Commission in taking steps for promoting the writ Respondent Nos. 4-86 from the post of Assistant Superintendent of police to the post of Additional Superintendent of police includ.................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Union of India, AIR 198..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....ment on 23.7.81 and additional written statement on 17.11.83 and 29.3.84. He denied the averments made in the plaint contending, inter alia, that the suit property is in bonafide occupation of a registered school under the name 'Nahar Academy', of which he is the President, and the said......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....hey proposed to sell the property Munsur Ahmed purchased the land of khatian No. 93 and also khatians Nos. 94,95,96,97 and 99 in total 1.65 acres of land by virtue of an agreement dated 14.7.1968 and registered kabala dated 15.7.1968 and thereby he became the owner of the land. The aforesaid land wa......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....nbsp; 3. Hamidunnessa settled 1 kani of land as described in the schedule of the plaint with Abdur Rahim and Nur Ali by a registered patta being No. 2515 dated 7.7.1896 on acceptance of a registered kabulyat being No.2516. Abdur Rahim and Nur Ali are common predecessors-in-interest of bo......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....e learned Magistrate who took cognizance against the accused petitioner along with other accused and the case has been sent for trial before the learned Sessions Judge, Comilla where it has been registered as Sessions Case No. 365 of 2002 and the case has been transferred to the 4th Court of th......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......ash kept in the iron safes broken and the dead bodies of night guard, Abdul Mannan and treasurer Abul Kalam Azad lying in the delivery room could understand that the dacoits looted away cash from the post office killing those two staffs on duty there. The informant then lodged First Information Repo......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......iled an application under Order VII rule 11 of the Code of Civil Procedure on 23.3.2002 for rejection of the plaint. Meanwhile, despite an order of temporary injunction not to induct any staff to the post of the appellant, the defendant inducted one Subrata Dhar to the plaintiffs position with ......ge of the suit…….(21) Cases Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Guineess Peal (Trading) Limited Vs. Md. Fazlur Rahman 44 DLR (AD) 242; Rupali Bank Ltd Vs. Haji Md. Arab Ali and others 7 MLR (AD) 4; Sree Mukul Chandra Shah..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....hat after the introduction of section 15 Ka Ka to the Bank Company Act, 1991 one of the shareholders of the Bank filed a Writ Petition challenging the legality of the aforesaid Act which is registered as Writ Petition No. 4809 of 2003 in the High Court Division and another shareholder of t......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....t petitioner will be much less than claimed by the respondent. 7. The High Court Division considered the judgment and order passed by the court of District Judge as well as considered the registered mortgage deed exhibit-1 by deposit of which equitable mortgage was created and against se......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......ect from 29.11.1984, Additional Commissioner of Taxes 7.3.1990 and Commissioner of Taxes with effect form 7.5.1995, the dates from which appellant's junior Mostafa Tareq Hossain was promoted in these posts after the retirement of said Anawaruddin Ahmed from the post of Deputy Commissioner of Taxes. ......ssioner of Taxes. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....e Officer, Dhaka for allotment of the shop No. 66 and for return of the money deposited towards costs of construction of shop no. 235(kha). On the said petition Dispute Case No. 65 of 1993 was registered. The Arbitrator and Inspector of the Co-operative Society, Dhaka by the order dated Apr......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
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