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Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....ordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ...... expressed provision that one shall be appointed Secretary by promotion from among Additional Secretaries to the Government and who has served as Additional Secretaries for at least two years. At the time of the impugned appointment as Secretary-in-charge, writ-respondent No. 5 had been an Additiona......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ..

Category: Constitutional Law | Date: | Hits: 207

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

.... find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......ation for leave to appeal is against the judgment and order dated 20.5.2007 passed in Civil Revision No. 3872 of 2004 by the High Court Division making the rule absolute. 2. The application is time barred. The explanation given for the delay of 15 days in filing appeal appears to be not satis....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...

Category: Property Law | Date: | Hits: 63

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....he settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ...... a civil court. The appellants out of the proceedings of the above Misc. Appeal Case N0.13 of 1981 and also from the contents of the annexures of the above Writ Petition No. 159 of 1989 for the first time came to know about the alleged deed of agreement for exchange dated 30.10.1963, the alleged pow......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....son to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......hall be confiscated. (2) Notwithstanding contained in the Code of Criminal Procedure, 1898, any offence punishable under this section shall be cognizable for such period as the Government may from time to time, by notification in the official Gazette, declare. (3) A Tribunal Shall not take cog......there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....ality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......inciple loan amount plus the accrued interest amount thereon contending, amongst others, that the defendant-petitioner hereof took loan for its salt business but failed to repay the same within the time or thereafter, inspite of demands made by the bank. The peti­tioner hereof as principal d......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..

Category: Civil Law | Date: | Hits: 136

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....b­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......s of land was purchased by Bhubon Mohan Ghosh vide Sale Deed No.2615 dated 04.07.1928 from Elahi Box driver. That said Bhubon Mohan Ghosh filed Title Suit No.1537 of 1929 for declaration of title and recovery of khas possession so far it relates to C.S. Plot No.94. That suit was dismissed on contest......the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...

Category: Tenancy Law | Date: | Hits: 214

A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)

.... therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......tle by way of adverse possession besides their other right by settle­ment. The plaintiff’s husband is an Advocate's clerk of Khulna Judge's Court. Defendant Nos.1-3 were minors during the time of S.A. operation. The defendant No.4 entrusted the husband of the plaintiff with the recordin......o.139 of 1973 decreeing the suit. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Munsif, Khulna for declaration of title, recovery of possession of the suit land after demolish­ing the structures thereon and for mense......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..

Category: Property Law | Date: | Hits: 138

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

.... interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454....... certificate as well as the payment of balance consideration, failing which the plaintiff would be at liberty to get a sale deed executed and regis­tered through court. The plaintiff at the material time was ready and willing to pay the balance consideration money to the defendant No.1 but he avoid......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....bsp;    Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ......tain status quo in respect of possession in favour of plaintiff -peti­tioner but the Government and their func­tionaries are strictly directed to lease out the suit property at any suitable time in favour of the highest bidder ignoring the Government Nitimala and this error has vitiated ......bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ......bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ..

Category: Property Law | Date: | Hits: 88

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....issions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......d objection, the plaintiff filed Title Suit No.17 of 1996 and although Rosmoy Datta died in the year 1985, the plaintiff could not get anything with the help of the said muktipatra during his life time and the record in the suit land was prepared in the name of owner Rosmoy Datta, who took jote ...... by way of a patta; Shailendra Das and plaintiff's story of set­tlement was forged and the defendants are in possession of the rest land and defen­dants filed Title Suit No. 103 of 1996 for recovery of possession of the suit land; the plaintiff created some papers in favour of Hasan Khatu......no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......aughter Korfulennessa. After the death of Korfulennessa, the defendant No.2 was brought up by the grand father at his residence and after the death of Nosibullah said defendant No.2 stayed for sometime in the said house and thereafter the said defendant No.2 along with his father left the house ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..

Category: Property Law | Date: | Hits: 158

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......nnessa defendant No.1 and Jibonnessa defendant No.2. Defendant No.1 Khairunnessa was married to Mohammad Mia and both of them resided and lived with Torab Ali in his house. Torab Ali, during his life time, sold .36 acres of land, out of suit plot No.1661 with a “Chouchala” tin hut thereon to def......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..

Category: Procedural Law | Date: | Hits: 105

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....ition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......out lawful authority and is of no legal effect. The High Court Division also made an ad-interim order staying the operation of the judgment and order of conviction for a period of three months at the time of issuance of the rule nisi. Thereafter another Division Bench took up the matter on 18th Dece......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..

Category: Anti-Corruption Laws | Date: | Hits: 211

Islami Bank Bangladesh Ltd. & Ors. Vs. Md. Sirajul Islam, 2008, 37 CLC (AD)

.... at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ......High Court Division has committed no error in discharging the Rule. There is no ground for interference with the judgment and order sought to be appealed. Apart from that the leave petition is out of time by 03 days. Explanation offered seeking condonation of delay is not at all satisfactory. Ac......donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ......donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ..

Category: Civil Law | Date: | Hits: 109

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....cate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ...... The property in the Municipal market is concerned belonged to one Ranjan Sarker and Balaram purchased the same in his own name from Ranjan Sarker; that there was a family partition during the life time of Balaram and the plaintiff got his share as per amicable partition. The money deposited in t......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ..

Category: Property Law | Date: | Hits: 99

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....h law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......ffice of the company, refusal to accept legal notice addressed to the Directors of the Company in their personal names, are manifestly malafide and intentional and that the case has been filed within time from the date of cause of auction as per section 141 (C) of the Negotiable Instrument Act, 1881......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..

Category: Criminal Law | Date: | Hits: 163

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

....nd no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......or of the plaintiff-respondent instituted Title Suit No. 71 of 1983 before the learned Subordinate Judge (now Joint District Judge), 1st Court. Mymensingh for partition and declaration of title and recovery of khas possession of the suit land described in the schedule of the plaint against the r......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..

Category: Procedural Law | Date: | Hits: 143

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....ly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......ioner as Bangladesh Railway is, not required by any law so to do." 6. Mr. N.K. Sana   the   learned   Senior Advocate, appearing for the appellant, at the time  of hearing  of the  appeal,  took us through the order of leave granted ......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..

Category: Civil Law | Date: | Hits: 149

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....ance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......t against her. 3. The appellant Nos. 2 and 3 contested the Rule by filing affidavit-in-opposition denying all the material allegations made in the writ petition contending, inter alia, that at the time of removal from service the respondent was a probationer and as such, her service will be gover......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...

Category: Employment/Service Law | Date: | Hits: 118

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

....refore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......on committed illegality in holding that there is no objective standard of valuation of the suit having regard to the nature of the prayer sought by way of amendment to the plaint seeking relief for recovery of arrear salaries by way of mandatory injunction. 7. We have heard the learned Cou...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ..

Category: Employment/Service Law | Date: | Hits: 104