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Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
....dministrative Tribunal has the power to order for promotion with seniority and thus it is open for the writ petitioner to get justice from Administrative Tribunal in due course, though it may take time. Time factor cannot be a ground for invoking writ jurisdiction for seeking relief in serv...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....Hossain in respect of the land of 'Kha' and 'Ga' schedule was never acted upon, nor it was treated as a deed of transfer by any of the parties to the deed, that Izzatullah Chowdhury during his life time was in possession of all the disputed property through bargaders, that plaintiff No.2 while s......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....tioner within 2(two) months after such gazette notification" but inspite of the above the respondents failed to comply with the above direction of the High Court Division within the specified time for final assessment and make payment of compensation to the petitioner; the petitioner also s......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
.... her and also for declaration that memo dated 17.07.1993 allowing mutation of the case property has also illegal. Both the suits are said to be pending. 3. Be that as it may, in the meantime the aforesaid proceeding under section 145 of the Code of Criminal Procedure ensued betwe......the aforesaid order dated 18.3.1999.The learned Additional Metropolitan Sessions Judge 5th Court, Dhaka by judgment and order dated 31.10.1999 set aside the order dated 18.03.1999 and directed for appointment of a neutral third party as Receiver. 5. Being aggrieved the second party petitio..Category: Procedural Law | Date: | Hits: 154
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
....the offence of rape charged against the accused appellant under Section 9(1), in our view, has also failed for the reasons that the victim girl Bithi (P.W.2) was 15 years of age at the material time and there was no sign or marks of violence on the private part or on any other part of h...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.....W.1 was held and warrants upon the witnesses were issued. 7. It further appears that on 14.10.2003 two witnesses were produced by the prosecution but the accused petitioner prayed for time and as such the said witnesses could not be examined. We have also examined the impugned ...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ixed for 17.09.2003 where the price of the property went up to Tk.5,26,00,000/- and on both the occasions the bids were rejected being inadequate and thereafter tender was invited for the 3rd time for auction sale of the property to be held on 20.11.2003 and on this date the price increased......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....r of a review petition for restoration. 4. The trial Court found that the appellant had been depositing the monthly rent of the suit premises to the Abandoned Property Authority in lump from time to time and the property was released in favour of the plaintiff by an order dated 26-11-81. H......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 33
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......on on 25.02.2004 discharged the Rule. 3.The learned counsel for the petitioner submits that the High Court Division committed an error of law by discharging the Rule in so far as to the appointment of Acting Nazir/Nazir as guardian in contravention of the provision of the Rule 843(1)(..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...... factor for promotion, according to Service Regulation of 1997. The respondent has further stated that it is not true that the Board of Directors of the BSC has not delegated relevant power of appointment "to the Managing Director (respondent No.2) for appointment and promotion of offic..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
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