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Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......ioners and Mr. N. K. Saha, the learned Advocate appearing for respondent No.1 and perused the petition and the impugned judgment and order of the Administrative Appellate Tribunal and other papers on record. 7. It appears that the Administrative Appellate Tribunal took a lenient view and modified...... submitted his written reply to the second show cause notice on 27.08.2003. But the petitioner not being satisfied with the written reply to the second show cause notice dismissed the petitioner from service by the impugned order dated 15.03.2004. Thereafter, the respondent filed a departmental appe..Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... stated that the property taken away from the boat was valued at Taka 7,000/8,000 and he does not know as to whether the murder was committed before or after taking the properties. He stated that his goods were shown to him mixed up with others in presence of Daroga and he recognised the same. PW 11......arned Assistant Attorneys-General appeared on behalf of the State to oppose both the appeals. 12. We have gone through the first information report, memo of evidence, the confessional materials on record of the case. 13. PW 1 Cons. Amjad Hossain escorted the dead body of deceased Abdus Sattar ...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......er the plaintiff is entitled to get a decree as prayed for? 8. The plaintiff bank filed sanction letter, DP note, letter of continuity and statement of accounts to prove their case. It is also on record that the defendants did not dispute the claim of the plaintiff bank but they had pleaded a se......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156...Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....itioner. 12. In this case the learned Joint District Judge clearly found that local investigation was unnecessary for deciding the suit and rejected the prayer for local investigation on sound and good reasons. We are satisfied that the learned Joint District Judge duly applied his judicial mind ......and circumstances of the case and the law bearing on the subject and passed the impugned order on sound reasons. The impugned order is found to be well-reasoned and well-supported by the materials on record. We, therefore, do not find any illegality or legal infirmity in the impugned order occasioni......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137....... connection with the case and produced in the court on 24‑10‑89. Zakir was taken on 5 days remand but produced on 26‑1‑89 to the court, when he made statement under section 164 of the Cr.P.C. recorded by Mr. Anil Kumar Chakraborty Magistrate 1st Class, Matlab. 4. During investigation poli...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ...... fees illegally and without jurisdiction by bill dated 27‑5‑99. Annexure-C to the writ petition, has not been controverted by GrameenPhone nor any amended or altered agreement has been brought on record by it (GrameenPhone) showing justification of imposing royalty and licence every year by the ......ence was required to install and place in operation all over Bangladesh the Multi-station Radio System of Digital Mobile Cellular Telephone Service in order to provide digital cellular mobile phone services all over Bangladesh, which it did. In order to attract subscribers of its mobile phones Gra..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
.... 110 of the Evidence Act provides for a presumption of ownership in favour of the person who is in possession of the property. A person in possession of land however imperfect his title may be, has a good title against whole world except the true owner and until the true owner comes in Court to asse......e plaintiffs' case are that Alia Baksha, the predecessor of the respondent Nos.1 and 3, and Isthana Miah, the father of the respondent No. 2 owned .11 acres of land each through Ramjan Khan, the C.S. recorded owner. Said Alia Baksha transferred his .11 acres of land to Abdul Mannaf Munshi who thereu......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....Tk. 2 crore covering the risk of fire, cyclone and flood. It also instituted Money Suit No. 46 of 1994 for recovery of Tk. 68,27,299.42 on the averments that it imported raw materials and insured the goods with the defendant under insurance policy for Tk. 3 crore covering the risk of fire, cyclone a......and therefore, the report of the surveyors were not binding upon it unless the losses were covered by valid insurance policies. 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suits with interest. The defendant thereupon unsuccessfully moved the High Court ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......the departmental inquiry as well as by the authority, as per provisions of law and accordingly he was dismissed in accordance with law. 4. The learned Tribunal on consideration of the materials on record was pleased to allow the petition and ordered reinstatement of the petitioner declaring that ......e Tribunal Appeal No. 60 of 2005 in part thereby the judgment and order passed by the Administrative Tribunal, Dhaka, in Administrative Tribunal Case No.18 of 2003 reinstating the leave petitioner in service has been set aside and he was compulsorily retired with benefits. 2. The leave petitioner..Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......ontroller. Since the defendant remained a monthly tenant under the plaintiff, he was not liable to be evicted from the suit property. The learned Judge of the SCC after considering the evidence on record, decreed the suit with the finding that the admitted tenancy of the defendant under the plain......e learned Judge of the SCC after considering the evidence on record, decreed the suit with the finding that the admitted tenancy of the defendant under the plaintiff had legally been terminated after service of notice under section 106 of the Transfer of Property Act, and since the defendant was fou..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......ant Judge, Basail, Tangail and the pre‑emptor examined 2 witnesses and the pre-emptee examined 5 witnesses. 5. After hearing the learned Advocates of the parties and considering the materials on record, the teamed Assistant Judge, Basail, Tangail was pleased to allow the pre‑emption case by h......section 90 of the State Acquisition and Tenancy Act. The pre-emptee opposite party No. 1 further state that he is a very poor man and he was a servant of the local Chairman who out o pity managed the service of the pre-emptee in Malaysia and while he was in Malaysia he has purchased 27 decimals of l..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......k him into custody from the house of Delwar Hossain Howlader. 3. Narrating these facts PW1, full brother of the deceased lodged the FIR Exhibit 1 in the Morelganj Police Station where the case was recorded punishable under section 302 of the Penal Code and handed over to the investigating officer...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
.... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......the Second Court of Subordinate Judge at Sylhet against the petitioner and 30 (thirty) others for declaration of title by way of purchase as well as adverse possession and further declaration that SA record of rights prepared in the name of defendant No.25 is incorrect and of no legal effect and the...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... seeking a hearing on the matter in view of the fact that no evidence was forwarded to them and thereafter, the matter was fixed for hearing on 29‑3-2002. It further appears from the materials on record that on 20‑3‑2001 i.e. the date on which the respondent No. 1 filed the application for h...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....the incident to their relatives and the accused appellant Anowar Hossain Pintu accompanied by other accused persons came to the house of deceased Abdul Halim Chairman in an aggressive mood and gave a good beating to the house of the said Chairman and misbehaved with Lipi. Then Khorshad Alam, a domes......bu] Kashem and Anowar Hossain Pintu and other accused persons to murder Chairman Abdul Halim. On the basis of the said ejahar PW 16, Officer-in-Charge of Burichang Police Station, Md. Rezaul Karim, recorded the FIR and started Burichang PS Case No. 6 dated 10‑3‑96. Thereafter, PW 16 himself to......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......Hossain and Khodeja by way of judicial confessional statements under section 164 of The Code of Criminal Procedure implicated themselves in commission of murder. Judicial confessional statements were recorded by Khodeja Akhtar Khanam (PW 9) and Md Zasim Uddin Badal (PW 10) both Magistrates, First Cl......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......est of work of the Board and, as such, the Rule Nisi issued, is liable to be discharged. 8. We have heard the learned Advocates appearing on behalf of all the parties, and perused the materials on record including the writ petition with Annexures, supplementary Affidavit dated 10‑3-2003 filed b......grachari O & M Sub-Division of Chittagong Operation and Maintenance Division 2, of the Bangladesh Water Development Board, passed the Diploma Engineering in Civil in 1979 and then joined in the service of Bangladesh Water Development Board, hereinafter to be referred to as BWDB as Sub‑Assist..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....f the seized machineries at the time of hearing of those writ petitions. This Court while summarily rejecting the said writ petitions made the following observation: “.......About the seizure of goods it has been argued that the machineries in question are all sophisticated and if not released ......required to broadcast its programmes through a satellite channel without any hindrance." We, after hearing the said application by our order dated 28‑7‑2003, kept the said application with the record for consideration along with the Rule itself. Such conduct of the BTRC appears to us absolute......egulatory framework for telecommunication and for the establishment of an independent Commission for the purpose of development and effect regulation of telecommunication system and telecommunication services in Bangladesh and matters ancillary thereto. It cannot be conceived that after coming into ..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
.... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ......rong to reject the objection without considering such failure of the umpire. 10. On the other hand, Mr. Mohiuddin Ahmed, learned Advocate on behalf of the opposite party No. 1, took us through the record. In the written objection, the petitioner stated that the petitioner received on 3‑11‑200......etitioner filed the statuary security in Court. Ultimately, on 14‑9‑2001, the petitioner filed his objection to the award. 14. Article 178 of the Limitation Act gives 90 days from the date of' service of notice of the making of the award for filing of the award in Court. The notice was served..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......ected together with his report duty signed by him. Under rule 10(2) of the Order, the report of the Commissioner and the evidence taken by him shall be evidence in the suit and shall form part of the record. What is the evidentiary value of such evidence is not at all an issue before us. 17. Inve......ision affirming an ex parte order allowing local inspection for making an inventory. 7. In the case before us, we find on 9‑9‑2001 the application for local inspection was filed in Court after service of a copy thereof upon the teamed Advocate for the defendants. Then, the application was tak..Category: Property Law | Date: | Hits: 26
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