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Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
....ent and order dated 26.06,2004 passed by the High Court Division in Civil Revision No. 2103 of 1992 making the Rule absolute reversing the judgment and decree dated 30.04.1992 passed by the Senior Assistant Judge, Nalitabari in Other Class Suit No. 90 of 1991. 2. The respondent No.1 as pl...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..Category: Property Law | Date: | Hits: 51
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....etitioners are senior to the opposite party Nos. 4-11 in the post of Senior Accountant under the T & T Board and they are entitled to be considered for promotion to the post of Accounts Officer/Assistant Director (Acctts) prior to the opposite party Nos. 4-11 who are junior to them in the ser......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......t the petitioners are senior to the opposite party Nos. 4-11 in the post of Senior Accountant under the T & T Board and they are entitled to be considered for promotion to the post of Accounts Officer/Assistant Director (Acctts) prior to the opposite party Nos. 4-11 who are junior to them in..Category: Administrative Law | Date: | Hits: 125
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....ench of the High Court Division in Civil Revision No.3857 of 1998 making the Rule absolute. 2. Short facts are that the petitioner instituted Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and al......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
....6 passed by the learned Subordinate Judge (now Joint District Judge), 2nd Court, Jessore in Title Appeal No .24 of 1995 allowing the appeal upon reversing the judgment and decree passed by learned Assistant Judge, Chougancha, District-Jessore in Title Suit No.57 of 1987(subsequently re-numbered ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... out of judgment and order dated 26m April, 2004 passed by this Division in Civil Appeal No.21 of 1999. 2. The petitioners as plaintiffs filed Other Class Suit No.593 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by ame...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....5 passed by a Single Bench of the High Court Division in Civil Revision No. 2898 of 1999 making the Rule absolute. 2. The petitioner filed Title Suit No. 41 of 1986 in the Court of learned Assistant Judge, Sadar, Jessore praying for permanent injunction and also for eviction of the defe......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......d proper; the Government is taking steps to evict the plaintiff from the suit land and hence the suit. The defendant Nos. 1 and 2, that is Deputy Commissioner, Jessore and Relief and Rehabilitation Officer, Jessore respectively, contested the suit and filed joint written statement contending tha..Category: Property Law | Date: | Hits: 37
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....e determination of which a separate forum has been created by a special law, namely the Local GovernÂment (Union Parishad) Ordinance, 1983, briefly the UP Ordinance. All the courts below namely, the Assistant Judge, the Additional District Judge and a Single Judge of the High Court Division answere......ide the uncontested elecÂtion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137....... 41 DLR, 77; Mostafa Kamal Vs. B.D. Habibullah & ors, 41 DLR 197; Habibur Rahman Vs. Election Commission, 40 DLR 459; Haji Sultan Ahmed Vs. Abdul Jalil, 40 DLR 512; N.P. Ponnu Swami Vs. Returning Officer, AIR 1952 S.C., 64; Mohinder Singh Vs. Chief Election Commissioner, AIR 1978 S.C. 851; Inder..Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....alist of the Centre, who was first to examine her and also with the injuries found on her dead body by P W 16, who held autopsy on it at Sher-e-Bangla Medical College Hospital on 11-12-83. P W 15, an Assistant Sub-Inspector of Police, who held inquest on the dead body before he sent it for post-mort......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......alls in question the conviction of the appellant, Nurjahan Begum, a housewife, under s. 326 of the Penal Code taking the ground that it has been based only on a dying declaration recorded by a Police Officer. The Sessions Judge convicted her by judgment dated 23 July 1984; her appeal therefrom has b..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....tice of this rule was served upon the Ministry of Public Works and Urban DevelopÂment of the Government of Bangladesh being impleaded as respondent No.1 and although Mr. Qazi Shafiuddin, the learned Assistant Attorney-General, has entered appearance and filed power on behalf of the Ministry, accord......ration……………..(16) Cases Referred to- Abdur Rahman Khan Vs. Deputy ComÂmissioner, Jessore, PLD 1968 Dhaka 367; Tanbir Ahmed Siddiky Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer Vs. Sadruddin Ansari, PLD 1967 (SC) 569; Basanka Lal Banik Vs. IsÂlamic Republic ......€¦â€¦â€¦â€¦..(16) Cases Referred to- Abdur Rahman Khan Vs. Deputy ComÂmissioner, Jessore, PLD 1968 Dhaka 367; Tanbir Ahmed Siddiky Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer Vs. Sadruddin Ansari, PLD 1967 (SC) 569; Basanka Lal Banik Vs. IsÂlamic Republic of Pakista..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....50 of 1992 condoning the delay in filing the appeal and thereupon making order for registration of the appeal. The appeal was filed against the judgment and decree dated 14.8.1991 of the 1st Court of Assistant Judge, Dhaka in Title Suit No. 133 of 1991. The suit was filed seeking declaration that th......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......ts inter alia, that the High Court Division Committed error in the decision ignoring the fact that out of 15 witnesses, none, including the informant and the victim herself or even the Medical Officer who examined the victim, supported the prosecution case and P.W.15 being the investi&s..Category: Criminal Law | Date: | Hits: 57
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....though the said Oliur Rahman was a fictitious person and in the account the amount deposited was manipulated to Tk. 35,100/- writing figure '35' before 100 in the ledger book signed by Majibul Hoque, Assistant Post Master and the petitioner as a ledger clerk and on 09.01.1980 on further fictitious p...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....he said promotion the selection Committee as well as the Board promoted the Respondent Nos. 3 and 4 superseding the writ petitioners in spite of the fact that they were appointed as Lower Division Assistant and Calligraphist on 17.7.11970 and 26.4.1969 respectively and the Respondent Nos. 3 and ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......ition No. 2634 of 1998 making the Rule absolute and thereupon declaring the Office order dated January 1, 1998 (communicating promotion of Respondent Nos. 3 and 4 and others to the post of Section Officer, Annexure-E to the post of Section Officer, Annexure-E to the writ petition) so far the sam..Category: Employment/Service Law | Date: | Hits: 54
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......ecovery of the fishing trawler F.V. Champa and thereupon the learned Chief Metropolitan Magistrate sent both petition of complaint and the petition of the said Petition Case No. 221 of 2003 to the Officer-in-Charge of the Doublemooring Police Station for an inquiry and also for taking necessary ..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......n respondent No.1 alleged that the nomination paper of the respondent No. 4 the appellant was declared valid in illegal and malafide manner though it was brought to the notice of the Returning Officer that the appellant respondent No. 4 having taken an advance of TK.20,0007 on 13-05-2003 fo..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and othÂers, 2006, 35 CLC (AD)
....o his narration and assertion and he signed the same. In his deposition however Sakhawat Hossain as P.W 1 in the latter suit admitted that he is husband of plaintiff No. 4 and that he was the head Assistant in the Relief and Rehabilitation Department and stated that there in no existence of L.A.......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39