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Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....at their own cost with previous permission of the collector but the refugees will have no right to sell or otherwise dispose of the land and buildings; however, if any refugee migrated at any time he will have to make over the land and buildings to the Collector who will dispose those on th......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... right and to amend the law relating to the administration of the Society without any reference to, or despite, Article 38 of the Constitution. 7. From the impugned judgment it appears that at the time of the hearing of the Writ petition the learned Counsel for the petitioner, instead of challe...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....Transfer of Property Act deals with transaction inter vivos, the Succession Act deals with the estate of the deceased. The Respondent may have concluded a contract with the testator during his life time but section 283 deals with the estate of the deceased for the purpose of granting probate or le......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....or and Second Officer of Banaripara Police Station. Mahmuda Khanom, the deceased, a young woman of 23 years, was 'Aya' of Banaripara Thana Health Complex, also called Health Centre, at the relevant time. The prosecution case centres round her death which resulted from multiple acid-burn injuries......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....ng not filed legally by a competent person as plaintiffs, the plaint is liable to be rejected. 14. We are of the view that the maintainability of the suit is an issue to be decided at the time of heating of the suit and in any view, the question of maintainability of a suit can at best ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....n and vacated the order of stay and passed necessary orders for proceeding with the Title Execution Case No. 18 of 1980. The judgment-debtors, however, filed an application stating that in the meantime, the Title Execution Case No. 18 of 1980 became barred by limitation under the provision of Ar......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... Ahmed Quoraisi for running petroleum business and on receipt of the first instalment a lease deed was registered in the name of Aziz Ahmed Quoraisi, that the outstanding instalments were paid in due time, that since 1965 the lessee was running petroleum business by the name and style Green Birds an......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....da Ghose had been paying rent for the suit promises to Amar Krishna Chowdhury and his co- sharers namely, Benode Behari and others. Plaintiffs' case further is that Sadananda Ghose during his life time inducted plaintiff Nos. 1, 3, 4, and 5 and the predecessor of plaintiff No. 6. Parul Bala incl....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....tion, in short, are that one Champa Khatoon (15), dumb daughter of Khodeja Khatoon on 12.07.2000 went to a pond near her house at about 3.00 P.M. but did not return till 12.00 P. M and at that time her mother Khodeja Khatoon found some persons assembled in the Union Parishad road situa......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 57
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
....1999 and complainant being examined on oath, the learned Magistrate issued summons against the petitioner under Section 138 of the Act and the accused petitioner has been released on bail. At the time of hearing as to framing of charge the petitioner filed an application to discharge him under...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 36
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....ht hold of Mithu with the help of Faruque and gani and after handing over accused Mithu to Faruque and Gani he entered the PO house and found his daughter Monira burnt with acid and that in the meantime the other accused persons snatched away Mithu from the hands of Faruque and Gani and thus Mit......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....khter Newaz lodged an F. I. R. with Nagogaon Police Station on 20.4.1999 alleging inter alia, that her daughter Tamanna Taskin Nishi went to her college as usual on 17.4.1999 and did not return in time and that the informant made inquiries wherefrom he came to learn that his daughter would ......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....or promotion and the Board approved the same, that in case writ-petitioners get promotion then the Respondent No.4 would not be deprived from promotion as per seniority since at the same time the nest 5 other employees would get promotion and as such there was no illegality in selectin......d take decision to promote an employee and finally to make order for promotion. In the Rules regulating service condition of the employees of the Board it is provided that ordinarily appointment of the employees of the Board except the Chairmen shall be advertised and the Boar..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....s of the High Court Division. The Judicial Committee of the Privy Council in the case of Khawaja Nazir Ahmed AIR 1945 PC 18 observed in respect of section 561A Cr.PC. "It has sometimes been though that S. 561A has given increased powers to the Court which it did not possess be......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....peal has been filed by the accused petitioner. 6. Mr. Idrisur Rahman, the learned Counsel appearing for the accused petitioner advances before us only one point namely that at the time of commission of offence the convict petitioner was aged below 16 years and as such his trial ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
.... No.1 as alleged by the petitioner. Against the said report the petitioner filed ‘Naraji' petition before the Court of Chief Metropolitan Magistrate and the same is still pending. In the mean time, the petitioner thereafter prayed for Jimma (custody) of the trawler and the learned Chief Met......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....hy;dence. 5. We have considered the submissions made by the learned Advocate-oh-record and perused the materials. P.W.1 the informant was accompanied by other employees of the company at the time of occurrence and as such they are most natural witnesses of the occurrence. We are, therefore......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 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 othe......without any order as to cost. The impugned judgment 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. ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
.....470-1135 with out obtaining second class mastership certificate as per Finance Ministry's circular dated 01-01-1981. since the respondent No. 2 being holder of third class certificate at that time the question granting him scale of Tk. 470-1135 does not arise. It was also stated that the La...... illegal pay scale was cancelled and their pay was fixed at Tk.325-610. As par approved set up of the Dredger Department there is no post of Master in B-Type vessel and as such the question of any appointment in B-Type Vessel did not arise. 12. Upon hearing the parties, the Labour Court a..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ot known when we saw the refugee colony. The court of appeal below also believed the acquisitions of the suit land in the aforesaid L.A. Cases and that the refuges have been living there for a long time. The appellant court discussed P.W.s 2, 3 and 4 while discussing P.Ws. 3 and 4 found that the ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
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