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Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....our of the plaintiffs. Since no material from the defendant No.1's side was brought on record to establish that plaintiffs predecessor was divested of possession of the land in suit at any point of time, either by the Zaminder or by the defendant No.1, the High Court Division was in error in set...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
....e within 22.12.1990 by a notice indicating failure to pay the dues would have resulted cancellation of the agreement. But the plaintiff did not pay off the same within the specified period of time. As a result the defendant No.3 cancelled in the said agreement, on 2.1.1991. Hence the suit i......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ..Category: Civil Law | Date: | Hits: 150
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....war the defendant No.1 left for India and he then succeeded in obtaining the above compromise decree on 17.6.77 by showing that he obtained the suit land in the year 1354 B.S. by pattan but at that time the defendant No.1 was not born and in fact the alleged decree was obtained collusively by su......ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ..Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....ath Brahma to Jogendra Nath Brahma by amalnama of their 1349 B.S. and 1351 B.S. respectively as the execution of the amalnama by examining described and witnesses was not proved although sufficient time was allowed for the purpose. The High Court Division further held that the Courts below also ......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....fendant No. 2 who, is the father of the plaintiff and he submitted two returns one in his own name and another in the name of his son, the plaintiff, who was a minor and a bachelor at the relevant time of his alleged purchase from his father and others and accordingly the Circle Officer(Rev), Na......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ..Category: Property Law | Date: | Hits: 26
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....t and order dated 30.4.2002. In this backdrop, the appellant filed Civil Petition for Leave to Appeal No.1384 of 2002 and this court by its judgment and order dated 6.11.2002 dismissed the same as time-barred. This led the appellant to file civil review petition on the ground that the delay in f......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..Category: Administrative Law | Date: | Hits: 159
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....application of the petitioner was abandoned. However, the petitioner filed an application for restoration and the matter in pending and the petitioner Company published its publication for the 1st time in February, 2003. 4. Being aggrieved the opposite party No. 2 filed Title Suit No.10 o......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ..Category: Intellectual Property Law | Date: | Hits: 329
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....Advocate Mr. Biroja Mohan Das gave wrong advice for filing a suit for khas possession and he ought to have advised the plaintiff to file the suit for specific performance of contract; that the time spent for prosecution of earlier suit should be excluded under section 14 of the Limitati......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....and she after obtaining leave continued the B. Ed Course on Teaching Practice; she under the Regulation is entitle to get leave for her B. Ed Course but since there is no provision for leave at the time of teaching period of school she had to pray for part leave only for teaching of B. Ed Course;......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..Category: Property Law | Date: | Hits: 28
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
...., 8 and 9, in short, is that the appointment, posting, promotion and granting of M.P.O to the teachers and staffs are guided by law, rules a guidelines issued by the Ministry of Education from time to time. On 26.11.2005, these three respondents filed an application before the Ministry of E......etitioners of the College got M.P.O. for the month of May, 1997. They completed 8 years of Service and the Governing Body took a resolution on 10.12.2005 to give promotion to the teachers in higher scale. The Managing Committee considering all aspects recommended that out of the 12 teachers, 9 s..Category: Employment/Service Law | Date: | Hits: 57
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....tional Divisional Commissioner (Revenue) was challenged by the plaintiff before the Revenue Board which is still pending. On 25.05.1988 from Revision Case No.22 of 1986, the plaintiff for the first time came to know about the forged decree passed in Title Suit No. 273 of 1956. The defendant Nos.......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ..Category: Property Law | Date: | Hits: 22
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
....y the order of 28th July, 1996 refused to grant permission for exhuming the dead body of Ahmed Chowdhury for the purpose of post mortem examination, since it would not be possible because of lapse of time to hold the post mortem examination for ascertaining the cause of death. It may be mentioned ...... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888...Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
.....R it has been stated that hearing hue and cry from the place of occurrence P.W.7 Taizul came to the place of occurrence and he was not examined rather was tendered by the prosecution at the time of trial inasmuch as witnesses; Mokbul, Akbar, Shahjuddin and Rakib also came to the place ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....ia. He was running along the northern bank of Mollakhali Khal being hot-pursued by these three accused persons. Some local people including P.W.7, who were on the southern bank of the khal at that time, shouted at them and dissuaded them from assaulting Amjad. At this the accused Mokhter and Soh......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ..Category: Criminal Law | Date: | Hits: 44
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....mprising a total area of 1.41 acres. The plaintiff resisted when defendant No. 1 disclosed that he had purchased the suit land from the plaintiff. The plaintiff came to know for the first time that on 1-3-79 defendant No. 1 collusively manufactured two deeds in his own name and another......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..Category: Property Law | Date: | Hits: 34
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....the instant case inspite of an earlier order that the cases filed against the Managing Director and the instant case shall be heard together and the further submission that the F.I.R. contains the time when it was lodged with the Motijheel PS. on 17.09.1984 which has been overlooked by the High ...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ..Category: Criminal Law | Date: | Hits: 38
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
....d Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the respondent No. 1 Abdus Salam took loan of Tk. 1 lac from the appellant for three months but he did not refund the money on time and, therefore, the appellant repeatedly requested him for reimbursement of the money and acc...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ections 148/149/325/326/307/302/114 of the penal Code. They are waiting for trial in Sessions Case No. 120 of 1993, before the Court of Additional Sessions Judge, Dhaka. 5. In the meantime 7 witnesses were examined in the Case and thereafter on 14.05.1998 when S.M. Zillur Rahman and......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..Category: Criminal Law | Date: | Hits: 44
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
....n with immediate effect does not become non-existent nor becomes ineffective. The matter of communication of he acceptance of resignation was a mere formality and routine work and as such the time that passed in between 29th August, 1998 and 16th September, 1998 did in no way kept in hibern...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..Category: Employment/Service Law | Date: | Hits: 95
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