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Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....he discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......e property of Ghosh Babu Estate, that plaintiffs father took settlement of the land in suit from the said land owners by an Amalnama of the year 1349 B.S, in the name of the plaintiff who at relevant time was minor, that the land so taken settlement was 19.56 acres, that since the date of settlement...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
....tion is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... and that as per Government order dated 30.06.1973 the pay scale of the Accountants of the Secretariat was Tk. 225/-Tk.550/- and from 01.07.1973 it was Tk. 310-Tk.670/- and that at that time the pay scale of the accountants of the High Court Division on 30.06.1973 was Tk.350/- Tk. 500...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....irected to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......to be a decree against which a review application under Order 47 Rules 1 & 2 of the Code of Civil Procedure is maintainable and the application for review having been filed earlier in point of time before the filing of the appeal on the grounds inter alia, on discovery of new and important m......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......hondker Zillul Bari is the son-in-law of Khalilur Rahman and husband of Jesmin Ara. 4. The occurrence took place on the night following 18-10-1989 at the aforesaid house of Khalilur Rahman. At the time of occurrence Khalilur Rahman, his wife and three sons including Shahidul Alam, husband of dece...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....d suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......iderable amount of money and thereupon compensation roll has been published in the gazette. It is further seen from the judgment of the High Court Division that a sketch map has been prepared some time in 1975 by the Government in respect of the land in suit and the same has been shown within th......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....e under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......liganj stating, inter alia, on 26-2-1988 at 10-00 AM he was plucking tamarind from the tamarind tree standing on his own land. PW 2, Sufia Khatun was collecting those from the ground. At that time PW 1 Saker Ali (an injured witness) was plucking Khesari Kalai from a nearby plot of land. The......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....iff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......learned Advocate as to the necessity of revaluation of the suit property, we are of the view that the trial Court shall be at liberty to consider the matter of valuation of the suit property at the time of trial of the suit and shall pass necessary orders as deemed fit according to law as to pay......ischarging the rule. 2. The respondent Nos.1 to 216 as plaintiffs instituted Other Class Suit No.418 of 1978 (renumbered as Other Class Suit No. 60 of 1993) for declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties wer......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....eal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......Case No. 7 of 1994. 2. Respondent No. 1 who was an Executive Engineer under the Roads and Highways Directorate and working in the Roads Construction Division-I, Dhaka at the relevant time was placed under suspension and proceeded against on charges of misconduct and corruption unde......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....s case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......y installments starting from 30 June 1996. The Borrowers failed to pay the installment that fell due on 30 December 1997. On 31 December 1997 the borrowers requested AB Bank for granting extension of time upto 31 January 1998 for repayment of the said instalment. On 4 January 1998 AB Bank wrote to t......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
.... reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......vable that in their presence Shahidul Islam canvassed for the appellant. Moreover, neither the election-petitioner nor his election agent or polling agent made any complaint to any authority at the time of polling or immediately after the poll alleging that at the time of taking vote Shahidul Is......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......hich the voters were to cross the river. They also obstructed the voters of the minority community to come to Tarabuniya Government Primary School centre by explosion of hand bombs and showing firearms. As a result most of the voters of the minority community of some villages could not come to t..Category: Election Law | Date: | Hits: 126
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......nce and also rule 4 of the Union Parishad (Election) Rules, 1976. 7. The procedure for delimitation as prescribed in section 3 is quite detailed and compliance with it involves considerable time. Once delimitation of a union has already been done, if any further alterations or modifi......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......ed frustration thus:- “Frustration may be defined as the premature determination of an agreement between parties, lawfully enacted into and to and in course of operation at the time of its premature determination, owing to the occurrence of an intervening event or changes of......the erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) Judgment Mahmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation for the loss, caused to them by Irrigation de......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
...., however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......pur Hospital in the District of Burdwan. The High Court in view of the affidavit and the Death Certificate recorder on 31-7-70 that the appeal had abated in respect of respondent Abani and granted time to the Appellant to take steps in the matter. Thereafter an application was filed for the subs......ect to any property. It is to be noted that the respondent filed a suit being Title Suit No. 69 of 1956 in First Court of the Subordinate Judge, Dacca, for establishment of this title to and recovery of possession of certain landed property. The suit was decreed and thereafter the defen&sh......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....ated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......ons) Regulation, 1977. 2. Regulation to override other laws.- This Regulation shall have effect notwithstanding anything contained in the Constitution or in any other law for the time being in force. 3. Definitions.- In this Regulation, unless there is anything repug......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
....f Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......strate accepting final report and directed for taking cognisance of the case against the accused persons named in the naraji petition. Against this order, Revision is pending from 1999 and by this time 13 years have elapsed. It appears that learned Sessions Judge on the materials on record, foun...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..Category: Criminal Law | Date: | Hits: 50
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......rged him. 4. As it appears the High Court Division made the Rule absolute holding that the learned Magistrate under section 241 A, Cr.P.C has authority to discharge any accused person at the time of framing charge if he, on consideration of materials on record, considers the charge a......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......itution.. The post of Inspector, Appraiser, Preventive Officer and Intelligence Officer were previously 3rd Class posts and their appointing authority was Commissioner/Director General and at that time the transfers were made by their appointing authorities. Upon upgradation of the said post to ......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....d can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ost facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence has no fundamental right to be tried by the specified Court or the procedure existing at the time of the commission of the offence….(103) The offence under section 385/109 of the Penal Co......ogress of the project, that in July, 2000, Sheikh Fazlul Karim Selim pressurised them that if the informant did not pay him according to his demand then he would cause obstruction to the informant in recovery of their bills from the Power Development Board, that considering the then political situat......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....peal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......tary Affairs to produce the relevant papers containing the opinion of the learned Chief Justice of Bangladesh about the appointment of concerned six Judges through the Attorney-General at the time of hearing and further directing that all other Rules being Writ Petition Nos. 1543 of d 2003,......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......ating the written statement filed by the defendant No. 2 containing the counter- claim as a plaint in cross suit after withdrawal of the original suit by the plaintiff/respondent and in a suit for recovery of money where counter-claim is filed with court fees, there are, in fact, two suits in on...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
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