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Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)

....therefore, dismissed.           Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 27  ......therefore, dismissed.           Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 27  ..

Category: Property Law | Date: | Hits: 47

Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)

....cle 104   The government admitted the property in question not being abandoned property and that has been wrongly included in the ‘ka’ list of abandoned buildings and justice having been done question of limitation does not arise…………&hell......imitations.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 26. ..

Category: Property Law | Date: | Hits: 61

Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)

....o consideration.   Both the petitions are dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 25. ......o consideration.   Both the petitions are dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 25. ..

Category: Election Law | Date: | Hits: 111

Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)

....tition along with the documents to the applicants for presentation of the same before the District Judge or alternatively the District Delegate was authorised to impound the same for the purpose of justice and sent the same to the District Judge. 10. Mr. SR Pal has assailed the view taken......the instant case the proceeding has become contentious because of the caveat filed by Gopal Ghose, the District Delegate should have stopped the proceeding and returned the petition along with the documents to the applicants for presentation of the same before the District Judge or alternatively..

Category: Property Law | Date: | Hits: 67

Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 1995, 24 CLC (AD)

.... findings by the learned Single Judge on the material issues in the case, the trial Court could have little freedom in disposing of the case on remand and that it is not in consonance with equity and justice that an old case of 30 years could be remanded so lightly as has been done by the learned Si......y comment. The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ..

Category: Property Law | Date: | Hits: 46

Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)

.... longer in existence having been set aside by a competent court of law." After observing as mentioned above, the learned Judges of the High Court Division "for doing complete justice" between the parties and in consideration of the fact that the peremptory heading of T...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..

Category: Property Law | Date: | Hits: 68

Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)

....mitted at least one of the charges leveled against him. The learned Advocate further contended that without any finding that the enquiry officer acted unfairly and against the principle of natural justice, the Appellate Tribunal acted in excess of its jurisdiction in holding that the respondent ......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ..

Category: Administrative Law | Date: | Hits: 138

Special Reference No. 1 of 1995, 24 CLC (AD)

.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed.  This Reference is also Reported in: 47 DLR (AD) (1995) 111. ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed.  This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..

Category: Constitutional Law | Date: | Hits: 248

Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)

....of the plaintiff and that the appellate judgment and decree were, therefore, not sustainable in law. Thereafter the learned Single Judge sent back the case on remand to the trial Court for ends of justice giving the plaintiff a chance to prove her case of adverse possession after amending the pl...... as well as the appellate Court were satisfied that the plaintiff failed to prove her title in the suit land on the basis of alleged settlement by adducing any satisfactory evidence either oral or documentary. The learned Single Judge also found that the suit was not maintainable as with a fixed..

Category: Property Law | Date: | Hits: 47

Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

....g claims and initiating actions. They have been entering into contracts, settlements and fiscal arrange­ments on the basis of the law propounded by the Courts. No serious inconvenience or injustice would flow from allowing the law to stand rather its overruling would be productive of inc......nder the policy it is liable to be dismissed." 4. The plaintiff examined witnesses including himself and the appellant also examined 4 witnesses. Both sides brought on record many documents which were marked as exhibits,5. The trial Court found that the fact of taking out of the..

Category: Business or Commercial Law | Date: | Hits: 114

Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)

....hen he was in an abnormal frame of mind, induced by unhappy domestic circumstances, and wanted to end his wife's life and his own at the same time it was held lesser penalty would meet the ends of justice. 12. In Nawsher Ali Sarder vs. State 39 DLR (AD) 196 in view of the bitter matrimon......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..

Category: Criminal Law | Date: | Hits: 73

Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)

.... absorption/ appointment of the petitioner by the same authority by the subsequent order cannot be said to have been passed without any lawful authority or in violation of the principle of natural justice." 9. It appears that because of the alternative submission on behalf of the ap......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..

Category: Employment/Service Law | Date: | Hits: 117

C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)

....ich the Court of Settlement relied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice.   ...... entered into an agreement on 19.1.1971 with the appellant for sale of the said property at a consideration of Taka 12,000.00 of which he received Taka 11,500.00 and upon which he delivered all the documents and papers to the appellant with an assurance to execute and register a proper deed of co..

Category: Property Law | Date: | Hits: 86

Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)

....e appellate authority designated by the Chairman. On 23.11.86 the respondent prayed to the chairman for a decision on his appeal which was not replied to. Then after serving a notice for demand of justice the respondent filed the writ petition on 24.3.87. He challenged the order of discharge on ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..

Category: Employment/Service Law | Date: | Hits: 134

Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)

.... not get any opportunity to refute this allegation. 6. Mr. Wahidullah has next submitted that the application for transfer was a motivated one since the informant himself was a fugitive from justice as an accused in another criminal case arising from Palong Police Station pending in the sa......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

....owhere been held that the said quasi judicial function which is performed by a detaining authority extends to the giving of a prior notice to the detenu for ensuring observance of the rule of natural justice that a person must be heard before his rights are adversely affected. Rather the Supreme Cou......pon which the order was made and contending further that the detention order was passed by the appropriate authority after proper application of mind, that the Government has valuable incrimina­ting documents in its possession in support of the prejudicial activities indulged in by the detenu which..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....t the time the contract was made. The appellant was perfectly aware of the consequence of the agreement he made when he had decided to leave this country in view of his disappointment caused by 'injustice' done to him by the authorities treating him as a collaborator and depriving him of his job......king specific performance of the contract. 4. The appellant contested the suit by a written statement and denied the contract saying that the agreement (Ext. 2) was a forged and fabricated document and that he received no consideration whatever. He denied that he ever offered to sell the..

Category: Property Law | Date: | Hits: 69

Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......hased the shares of the successor‑in‑ interest of Aswini Kumar Dhar. 3. Defendant No. 5, Golap Mani, contested the suit asserting, inter alia, that the plaintiffs obtained their documents from fictitious persons; that she was one of the auction ‑purchasers; that the comp..

Category: Property Law | Date: | Hits: 51

Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)

....p; With this modification in the decree the appeal is dismissed without any order as to costs.  Ed.   This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......e death of her husband the plaintiff got 2 annas share as wife and the said Aser Mondal got 6 annas share. The heirs of Aser Mondal sold 0.50 acres of land to the contesting defendant by a registered document dated 10.1.69 and the said defendant is in possession thereof on payment of rent. The plain..

Category: Property Law | Date: | Hits: 146

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

....oved by respondent No. 4 and without asking the appellants to show cause why the said order dated 8.8.84 should not be revoked. The order therefore has been passed against the principle of natural justice. 7. Mr. AW Bhuiyan, learned Additional Attorney General appearing for the Governmen......ok and contended that by a notice dated 5.10.93 the Ministry of Works asked both the appellants to appear before respondent No. 1 on 13.10.93 at 10 AM for a personal hearing bringing with them all documents in support of their documents of title. 8. The said notice was served on appellant..

Category: Property Law | Date: | Hits: 62