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Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)

....shy;perty and the alleged "Saf-Kabala" deed was forged, fictitious and without any considera­tion. The plaintiff-appellant petitioner did not possess the suit property at any point of time and respondent-opposite party Nos.2-5 did not have any permissive possession under plaintiff-......n affirming the judg­ment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ..

Category: Property Law | Date: | Hits: 23

State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)

....ire and informed victim's elder sister Sahera Begum at the Priprekandi Primary School. She imme­diately came there and found the victim naked. She put thin cloth on the body of Selina. At that time Selina told that three accused by cutting the fencing entered into their hut. They tied her ha...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..

Category: Criminal Law | Date: | Hits: 38

Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)

....lla, dismissing him from the post of Principal of the above Madrassa on the averments that he was absent in the above Madrassa for a few days for the want of his safety and security and during that time Mr. Md. Sayeedur Rahman, the Vice Principal of the above Madrassa, was in charge as the Princ......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ..

Category: Others | Date: | Hits: 270

Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)

....oners submits that the project, Jamuna Multipurpose Bridge, Project, Rehabilitation Project and Environment Project against which the writ petitioner res­pondents were appointed, has in the meantime, expired and there is no scope to regularise or appoint the writ petitioner respondents in the......ntly they were regularised on 5-11-2001 and 8-11-2001 by the Jamuna Multipurpose Authority. On 9-3-2002 the impugned letters were issued by the res­pondent Nos. 3 and 4 canceling the aforesaid appointment letters. Rule was issued and the writ respondent petitioners contested the same by fili..

Category: Labour and Industrial Law | Date: | Hits: 90

M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)

....3 before the Registrar of Trade Marks Trade Marks Registry at Dhaka under section 14 of the Trade Mark Act, 1940. After filing of the above applica­tion for registration, the appellant for the first time came to learn that the respondent No.1 filed an application for registration of the Trade Mark ......the laws of each of the countries of the Union relating to judicial and administra­tive procedure and to jurisdiction, and to the designation, and to the designation of an address for service or the appointment of an agent, which may be required by the laws on industrial property are expressly rese..

Category: Intellectual Property Law | Date: | Hits: 233

Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)

....n No.555 of 1995 and the second party filed Criminal Revision No.813 of 1993. Both the rules were made absolute and the matter was sent back on remand to the Sessions Judge for fresh hearing. This time the revisional applica­tion was rejected by judgment and order dated 13.7.1997 and the jud......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ..

Category: Criminal Law | Date: | Hits: 34

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

.... 27 of 1992. 2. Facts of the case, briefly, are that the respondent Md. Abdul Karim who was an Accountant-cum-Bench Assistant in the First Court of Munsif, Sirajgonj District Pabna at the relevant time was tried by a Summary Martial Law Court under Regulation No. 11 of Martial Law Regulation No. ......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...

Category: Administrative Law | Date: | Hits: 144

BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)

....e charges levelled against him. After the order of acquittal the respon­dent applied to the Regional Manager (Ferilizer) Barisal (since the post of District manager (Fertilizer) was in the mean time re designated as such) for reinstatement in the service. In reply thereto he was informed by ...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ..

Category: Employment/Service Law | Date: | Hits: 97

Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)

....at no affidavit-in-opposition was filed on behalf of the Government in the High Court Division, although the affidavit-in-opposition, sworn in August 1992 on behalf of the Government, was filed in time. 8. Mr. M. A. Wahab Miah, learned Advocate appearing for the defendant-respondents on ......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ..

Category: Procedural Law | Date: | Hits: 87

Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)

....d. But the Administrative Tribunal allowed the case of the respondent, as the respondent was proceeded against under the Government Servant (Discipline and Appeal) Rules, 1984 briefly the Rules, at a time when the said Rules stood amended by the Government Servants (Discipline and Appeal) Rules, 198...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...

Category: Administrative Law | Date: | Hits: 105

M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)

....ivision discharging the Rule Nisi in Writ Petition No. 688 of 1987. 2. Respondent No. 2, worker under the appellant, took leave upto 23-9-80 on 19-9-80. He fell ill and applied for leave from time to time. When he applied for leave for two months from 25-9-80 the appellant sent a reply on ......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ..

Category: Labour and Industrial Law | Date: | Hits: 72

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....ermanently settled at Chittagong. The writ petitioner was married to him in 1958 and since then she had been living with her husband at Chittagong. Her children were also born at Chittagong. At the time of fil­ing of the writ petition the writ petitioner was a Canadian resident. She left Chit......gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ..

Category: Property Law | Date: | Hits: 42

Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)

....rosecuting the appeals by engaging lawyers but their lawyers did not take necessary steps which led to dismissal of the appeals and they came to know of the dismissal in November 1996 for the first time, they along with appellants filed a peti­tion under Order 41 Rule 19 of the Code of Civil ......na designate, Mr. Wahhab Miah frankly submits concedes that the District Judge here is not a persona designata but a court. This section 43 of the Code provided that an appeal against the order of appointment of Mutawalli shall have to be filed before the District Judge. Excepting this nothing h..

Category: Trust/Waqf Law | Date: | Hits: 226

Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)

....n the north while the remaining half in  the south  with a pathway in between described as schedule 'B' land fell in the saham of Sheikh Bagu. Sheikh Bagu possessed his land during his life time. After him this defen­dant who happens to be his sole heir has been possessing the said land. ......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..

Category: Procedural Law | Date: | Hits: 36

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)

.... (b).....................................; (c).....................................; (d).....................................; (e) he holds  any full-time office of profit in the service of the Republic or of the Union Parishad or of any other ......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. This case is also Reported in: II ADC (2005) 514. ..

Category: Election Law | Date: | Hits: 282

Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)

....ich co-accused Habibur Rahman allegedly struck a dagger blow at the right chest of the victim but the appellate Court below failed to conceive that it is an absurd story that the petitioners at the time of their examination under Section 342 of the Code of Criminal Procedure bestowed a written s......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..

Category: Criminal Law | Date: | Hits: 47

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

....last week of March, 1972 by the anti-social elements who also looted their belongings and house-hold effects including the original documents of title and occupied the above house; during his life time Md. Hanif made several representations to different authorities for release of the said house ......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ..

Category: Property Law | Date: | Hits: 30

Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)

....ecute and register the required sale deed in respect of the suit property on acceptance of the balance of the consideration amount but the defendant avoided and hence the suit. The defendant at the time of execution of the agreement for sale handed over the original title deed of the suit, prope...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..

Category: Property Law | Date: | Hits: 34

State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)

....to the college field and from there took his two sons to the college canteen where they were assaulted by the accused. Mamunur Rashid alias Mamun was struck on his head with an iron hammer. At that time he was also struck by dagger blows by the accused respondent. After the occurrence Mamun was f...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..

Category: Criminal Law | Date: | Hits: 58

BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)

....the order being Nothi No. 3(115)/Ka:Ma:Pra:/ 2000/475 dated 30.9.2001 of the National Board of Revenue rejecting the writ petitioner’s prayer for exemption to deposit 20% of the disputed tax at the time of filing appeal before the Taxes Appellate Tribunal against the order dated 8.2.2001 of the Ap......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..

Category: Fiscal/Taxation Law | Date: | Hits: 125