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Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....file the suit. 3. The defendant filed the written statement denying the averments made in the plaint and stating, inter alia, that the suit was barred by limitation, that plaintiffs at no point of time had/have title in the land in suit and the plain tiffs also are not in possession of the land...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died leaving behind his wife and also the plaintiff who at that time was minor being aged about % months; subsequently the mother of the plaintiff transferred......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....aternal aunt of the plaintiff and the defendant Nos.1-4 are the close relations of the defendant No.5, that plaintiff in pursuant to the said act made over possession to the defendants, that at the time of transfer many elites of Srimongal Town were present and in presence of them plaintiff rece...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
.... Saifur Rahman, learned Advocate for the plaintiff-respondent, however, sought to justify and government order with reference to section 20 of the Ordinance which says that government may from time to time issue direction to the Board to take such measures as it considers necessary for ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....roduced the certificate never raised any objection as to the alleged transactions in relation to herself and for her husband and never demanded any share or directorship of the respondent No.1 at the time of her subscribing in the Memorandum and Articles of Association and at the time of her attendi......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....te-on-Record for respondent Nos.1-2 in C.A. No.62 of 2004 and respondent Nos. 6-7 in C.A. No. 63 of 2004 and perused the judgment of the High Court Division and other connected papers. 9. At the time of hearing of the appeal the learned Counsel for the appellants in C.A. Nos. 62-64 of 2004 file......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....ded after conclusion of the evidence and remained in abscondence till he was arrested in January 2003. Being in abscondance the accused petitioner deprived himself of the right to prefer appeal on time and we do not find any reason to accept the submission that for his failure to prefer an ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
....ng the ends of justice in view of the defence plea, instead there is likelihood of the petitioners being prejudiced for not allowing the said application. The Court below should allow a reasonable time, i.e. at least a month to produce the said doctor along with the Medical Register of the Dolah...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....owards Rajbari, that he rushed to Banibaha Bazar with the said informers, reached Akbar's shop and learnt upon enquiry that the 13 barrels were taken away by dacoits towards Rajbari, that after sometime the said 3 Chowikders came on foot from the northern direction, ran to his shop and being inte......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... 21.10.1997 and accordingly the ACRs of preceding 5 years i.e. up to 1996 were considered for all persons considered for promotion. Accordingly the ACR of 1997 which was not ready at that time could not be considered in respect of all the candidates considered for promotion. Theref...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... same to have been executed by Kancha Mai though they never claimed the suit land by virtue of that fraudulent kabala nor did they any try to take possession of the suit land during their life time on the basis of the said kabalas; the plaintiff has exchanged 1.19 acres of land out of the s...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....e allegations made by the writ petitioner being not corroborated by any cogent evidence and there being allegations of the writ petitioner about alleged harassment and intimidation and at the same time there being emphatic denial thereto made on behalf of the respondents and the materials f......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....he report of the inquiry Committee 2nd show cause notice was served along with the inquiry report on the plaintiff and he replied to that, that plaintiff was given personal hearing and at that time he admitted his guilt and the college authority finally having had found the reply given to th...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....itakundu, Chittagong. In the impugned order it was stated that the same was issued in the light of an order passed in Civil Revision No. 1207 of 1999. The Civil revision was pending at the relevant time. 3. Respondent Nos.2 and 3 filed Other Suit No. 280 of 1987 in the Court of Assistant J......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
....ation into the matter by any law enforcing agency other than the Detective Branch alleging that the informant petitioner has managed to influence the Detective Branch of the police. In the meantime there were two further orders dated 5.11.2001 and 26.11.2001 by the learned Chief Metropolitan...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
..... The appellant impugned the order dated 28-9-91 in the writ petition. 3. The respondents did not file any affidavit - in - opposition and nobody appeared for any of the respondents the time of hearing. 4. The High Court Division discharged the Rule on a technical ground, ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....ed with the Ghior Police Station. Sub-Inspector Zaminur Rahman visited the place of occurrence, prepared the inquest report of the dead body and seized 3 bricks tied with the dead body. In the meantime, he got information that another dead body of a woman was found in front of the house of Manow......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....nd in ejmali died leaving behind three sons, plaintiff No. 1, defendant No. 1, and Abdul Hakim @ Damai Miah, three daughters, defendant Nos. 2, 3 and 4. Damai Miah's son, Dudu Miah, died in the lifetime of his father. Dudu Miah died leaving behind six sons, defendant Nos. 13-18, two daughters, d......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
.... the judgment and order passed by the Administrative Tribunal, Dhaka on 11-7-90 in Administrative Tribunal Case No. 132 of 1986. 2. Respondent Md. Golam Rahman Mallik who was at the material time an Additional Land Acquisition officer, Jessore was arrested on 6-3-83 in connection with......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....tention that the tenders were invited without hearing and notice to the writ petitioner is not correct. 8. The respondent Nos. 1-3 did not file any affidavit-in-opposition, but at the time of hearing a Law Officer of the Government appeared for the said respondents. 9. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
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