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Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
.... 2001 of a Single Bench of the High Court Division in Civil Revision No. 4139 of 1999 discharging the Rule obtained against the judgment and decree dated May 9, 1999 of the 2nd Additional Court of Assistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was file......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....haka in Civil Order No.736 of 1989 dismissing summarily an application under section 25 of the Small Cause Courts Act and thereby affirming an order dated 25.5.89 passed by the SCC Judge and Senior Assistant Judge, 1st Court, Dhaka rejecting the plaint of Small Causes Suit No.21 of 1988 under Orde......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......and stamped power of attorney on 27.12.88. The power of attorney was a fresh one, executed in Calcutta on 2.1.88 and authenticated by a Notary Public, Calcutta on 2.1.88 and validated by the Treasury Officer, Chandpur on 10.12.88. By order dated 9.2.89 the SCC Judge rejected the application of t..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ...... The Writ Petition is allowed. The Union Parishad (Election) Rules, 1983, Rules 39(3)(4)(5) & 41 Out of the three wards, election held in two wards only. The statement in Form 'K' from the Presiding Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Offi...... Petition is allowed. The Union Parishad (Election) Rules, 1983, Rules 39(3)(4)(5) & 41 Out of the three wards, election held in two wards only. The statement in Form 'K' from the Presiding Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no..Category: Election Law | Date: | Hits: 126
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....rding to this witness, exhibit 4 was written by the defendant No.2 as defendant No.1 stated that she could not sign as her hand trembled and defendant No.2 was her Karjakarak. PW 3 Abul Kashem is the Assistant Tahsildar of Sadar Tahsil Office and proved exhibit 7 series, the rent receipt books, sh...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....ot; and recovery of Khas possession of the land in schedules "Kha" and 'Ga'. 2. The case of the plaintiffs filed in Title Suit No. 213 of 1972 in the 2nd Court of Munsif (now joint Assistant Judge), Bagerhat, in short, is that his predecessor and the predecessor of the defendant......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
.... Tk. 1(one) lac. The petitioner further asserted that he transferred some property at considerations of Tk.3 (three) lacs by a registered kabala dated 10.1.1993. In view of the said transfers, the Assistant Commissioner of Taxes re-opened the assessment of income taxes for the year of 1992-93 an......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....ose dated 4.7.2004 of the Additional District Judge, Second Court, Dhaka dismissing the Miscellaneous Appeal Nos.335 of 2003 and 299 of 2003 affirming the order No. 15 dated 9.11.2003 of the Senior Assistant Judge, Second Court, Dhaka granting temporary injunction restraining the defendant-respo...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....d decree dated 16.11.1997 in Title Appeal No. 25 of 1997 passed by the learned Additional District Judge, 2nd Court, Narayangonj who allowed the appeal in part reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the sui......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......mmission directed to re-poll in two centres. We are concerned with Joygunnessa High School Polling Centre. It appears that the Election Commission directed the acceptance of result submitted by the Presiding Officer. Dr. Kamal Hossain referred to the Annexures at page 121 which bears a note by the......irected to re-poll in two centres. We are concerned with Joygunnessa High School Polling Centre. It appears that the Election Commission directed the acceptance of result submitted by the Presiding Officer. Dr. Kamal Hossain referred to the Annexures at page 121 which bears a note by the Secretary..Category: Election Law | Date: | Hits: 146
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......te Judge, 3rd Court, Dhaka on various grounds stating, inter alia, that the election at one of the 5 centres, namely, the Central Press Staff Quarter Primary School Centre could not take place as the Presiding Officer, the Election Officer and others had fled away from that centre due to disturbance......3rd Court, Dhaka on various grounds stating, inter alia, that the election at one of the 5 centres, namely, the Central Press Staff Quarter Primary School Centre could not take place as the Presiding Officer, the Election Officer and others had fled away from that centre due to disturbance and deter..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......t Khulna. The appellant was charged under sections 302 and the other two were charged under sections 302/109 Penal Code. 5. The deceased in injured condition allegedly made a statement to a Police Officer in the Sadar Hospital, Khulna shortly after the occurrence alleging that he was fired upon..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
....on 13.1.2001 filed a complaint case against him and others on the allegations that he and others created an affidavit being No.1 dated 28.6.1999 and submitted the same in the Court of 6th Court of Assistant Judge, Dhaka in connection with Title Suit No. 171 of 1999 which during trial was marked ...... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ening the complaint petitioner; on receiving the above complaint the learned Metropolitan Magistrate without examining the complainant, which is mandatory, sent the said complaint to the Officer-in- Charge, Sabujbagh Police Station Dhaka for investigation whereupon Subujbagh Police Sta..Category: Criminal Law | Date: | Hits: 39
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ...... correct. P.W.I9 Constable Nil Moni Pal and P.W.20 Constable Belayet Hossain carried the dead body of deceased to the morgue for post-mortem, examination and identified the same before the Medical Officer on the duty. P.W.23 S.I. Rupok Kumar Saha is the Investigating Officer of the case. P.W.24 ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
.... 1993-94 was initiated in the office of the Additional Deputy Commissioner,(Revenue) Rajshahi (Respondent No.3), that the Additional Deputy Commissioner sent the matter for inquiry to the Assistant Commissioner (land), Rajshahi and he submitted his report on February 27, 1994 and the d......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......S. Case No. 34/610 dated 31.12.1994 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. Short facts are that one Md. Golam Mostafa, District Anti-Corruption Officer, Gazipur lodged first information report with Joydebpur Police Station alleging, inter ali..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....e absolute setting aside the judgment and decree dated 26.2.1995 of the Subordinate Judge, First Court, Cox's Bazar in Other Appeal No. 62 of 1991 reversing those dated 28.4.1991 by the Senior Assistant Judge, Chakaria in Other Suit No. 42 of 1987 filed under section 14(2) of the Arbitratio......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......on to the Rupali Bank Limited, that the respondent served the said bank with honesty, sincerity and due diligence as a reward of which he was promoted to the post of Senior Principal Officer on 01.07.1977; that he was also rewarded by cash award and certificates; that he was invit..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......ed in the inquiry proceedings before the inquiry committee, there was no breach of the principles of natural justice inasmuch as the petitioner's case in the Labour Court was that the Inquiry Officer was biased and the Labour Court considering the evidence on record held that the inqui..Category: Employment/Service Law | Date: | Hits: 91
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....th section 151 of the Code of Civil Procedure allow the same, and then issue a writ for local inspection. 2. The petitioners, as plaintiffs, filed Title Suit No. 276 of 1998 in the Court of Senior Assistant Judge, Savar, Dhaka praying for a decree of permanent injunction stating, inter alia, that......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ..Category: Civil Law | Date: | Hits: 116
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
....dated August 21,1997 of the Court of District Judge, Kushtia in Miscellaneous Appeal No. 37 of 1996 allowing the same upon setting aside the judgment and order dated October 14,1996 of the Court of Assistant Judge, Mirpur, Kushtia in Miscellaneous Case No. 22 of 1987 dismissing the same. 2...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
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