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Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....ree dated March 15, 1990 of the Court of Additional District Judge, Kushtia in Title Appeal No. 147 of 1986 affirming the judgment and decree dated June 5, 1986 of the 1st Court of Munsif (now Assistant Judge) Kushtia in title suit No. 48 of 1985 decreeing the same. The suit was filed s......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 70
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......house 101/1, Haji Mohsin Road, Abu Khan Lane has been also specified as the P.O. by the deceased himself and having examined the witnesses u/s 161 Cr.P.C. on investigation P.W.10 the Investigation Officer submitted charge sheet on 22.01.1992 in which also P.O. has been specified and declared to ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
.... case, in nutshell, is that informant P.W. 1 Abdur Rahman of village Kashimpur under police Station Godagari Rajshahi lodged with Godagari P.S an 13-03-1991 alleging, inter alia, that he is an Assistant Teacher of Prizpur High School and lives with his wife Mst. Rokeya Khatun and two minor s......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......l and Mantu and P.W.3 Jebunnessa, who deposed in the Court that she found the appellant fleeing away by crossing boundary wall of Rubels house did not make such statement before Investigation Officer P.W.18 and as such the impugned judgment and order is liable to be set aside. 6. Lea..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....Division can not be sustained. Mr. Nawab Ali lastly submits that this case was heard by the High Court Division without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for this notice in Form No. 10 should have been issue...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....gly. 2. The case of the writ petitioner, in short, is that the writ petitioner respondent No. 1 joined in the Department of Architecture, BUET as lecturer on 15.09.1980 and was appointed as Assistant Professor on 26.12.1985 and as Associate Professor on 02.12. 1989. The authority advertis...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....Bench of the High Court Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along wit......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....ree dated May 16,1989 of the 2nd Court of Subordinate Judge (now Joint District Judge) Sylhet in Title Appeal No.12 of 1989 reversing the Judgment and decree dated December 15,1998 of the Court of Assistant Judge, Sadar, Sylhet in Title Suit No. 102 of 1988 dismissing the same. The suit was file......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....e materials on record. 16. It appears from the impugned judgment of the High Court Division that no affidavit-in- opposition was filed on behalf of the Writ respondents and the learned Assistant Attorney General appearing on behalf of the Writ respondents did not oppose the rules. Th......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....ed July 16,1995 of the 2nd Court of Subordinate Judge (now Joint District Judge) pirojpur in Title Appeal No. 153 of 1993 affirming the judgment and decree dated September 30, 1992 of the Court of Assistant Judge, Nazipur, Pirojpur in Title Suit No.41 of 1991 decreeing the suit. The suit was fil......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
...., 19, 1984 of the Court of Subordinate Judge (now Joint District Judge), Nawabganj in Title Appeal No. 176 of 1982 reversing the judgment and decree dated April 30, 1982 of the Court of Munsif (now Assistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The su......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....he rule absolute. 2. The respondent (Writ petitioner) filed The Lawyers Writ Petition No. 4892 of 2003 stating, inter alia, that he joined Bangladesh Telegraph and Telephone Board (BTTB) as Assistant Divisional Engineer in 1981 and from time to time was promoted to various posts and lastl......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......d under the Bangladesh Krishi Bank Order 1973 (President's Order No. XXVII of 1973). The respondent entered into the service of the then Pakistan Agricultural Development Bank in 1959 as a Class II Officer. Following a departmental proceeding on the allegation of violating the Bank's Service Regu..Category: Administrative Law | Date: | Hits: 90
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....ing her abroad. One Dr. M. Mainul Haque also wrote to the Secretary, Ministry of Foreign Affairs as well as to Secretary, ERD, Ministry of Finance on 16.8.1994 stating that Dr. Jhunu Shamsun Nahar, Assistant Professor, IPGMR, Dhaka is his wife though she is living separately for about a year and......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... Court Division discharging the rule against judgment and decree passed by the Additional District Judge, Second Court, Dhaka in Title Appeal No. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the ...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......idential purpose. He continued to pay rent at the rate of Tk. 90/- per month till February 1972. He failed to trace out the landlord after February 1972 and therefore applied to the Sub-Divisional Officer, Sadar Dhaka for declaring the suit property as abandoned property under President Order No..Category: Property Law | Date: | Hits: 41
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....nd Court of Subordinate Judge (now Joint District Judge), Dhaka, in Title Appeal No. 77 of 1989 decreeing the suit upon reversing the judgment and decree dated February 28, 1989 of the 4th Court of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The sui......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ...... There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....the learned Subordinate Judge (now Joint District Judge), 4th Court, Mymensingh in Title Appeal No. 395 of 1963 affirming the Judgment and decree dated 29.06.1963 passed by the learned Munsif (now Assistant Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that t...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....workers as their members; the petitioner by their letter dated 15.4.88 having informed the respondent No.3 about the above lay-off and retrenchment the respondent No.3 caused an enquiry through the Assistant Director of Labour, Regional Labour Office, Chandpur, and on the basis of the report subm...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
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