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Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....s been possessing the land in suit through bargadars, that defendant No.1 paid rent to the Government and obtained dakhilas that during S. A. operation her name was correctly recorded, that at the time of S. A operation Nalini, father of the plaintiff Nos.1 and 2 took away the unregistered ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....xed for hearing of the appeal and as such the High Court Division committed an error in discharging the rule. 5. In support of the appeal the appellant reiterated the submissions made at the time of granting the leave. 6. He further submits that the appellant being seriously ill dur......7.2000 passed by the High Court Division in Civil Revision No. 664 of 1994 discharging the rule. 2. The appellant challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the A..Category: Procedural Law | Date: | Hits: 70
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....mercial considerations with due regard to the interest of the nation and the public generally and be guided by such general or special instructions as may be given to it by the Government from time to time. He further submits that at the relevant time the post of secretary of the TCB was vac......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... nor the High Court Division took into consideration the fact that there are major contradiction and omission in the evidence of all the witnesses and that the prosecution have failed to prove the time, manner and also the place of occurrence by evidence and moreover the place of occurrence...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....mbs and he thereupon entered his house and shouted for help. Petitioners and others entered into that house and chased the informant’s brother from Abu Khan Lane to Haji Mohsin Road. At that time the informant and his brothers P.Ws. 2 and 3 on hearing alarm rushed for the rescue of their b......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....tracted confession alone without corroboration in material particulars in support of the guilt of the accused in the instant case and the P.W.1 Md. Abdur Rahman father of deceased Rubel at the time of lodging First Information Report did not suspect any body in the killing of Rubel and Mantu......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....shy;session 42 Kg. Indian black alachi and failed to show any legal document in respect of those articles and all the prosecution witness namely P.Ws.1-4 proved the prosecution case as to the time, place and manner of occurrence and thus the prosecution proved the guit of the accused p...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....ondent of the charge under section 326A of the Penal Code. 2. Facts in brief are that on 1.12.1989 at 7.30 P. M. when victim Romeza Begum was going outside her house to bring her goat a that time two men coming from the eastern side of the house threw acid on her. Romeza raised alarm where......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....n vested in it under the writ jurisdiction in creating the new post of professor ship in the Department of Architecture of the University which was not in existence at the relevant time and thereby also prejudicing the seniority of other professors of other Departments of the Un......996 disposing of the Rule with the direction that the writ petitioner shall be deemed to have been made as Professor in the Department of Architecture of the BUET on the date on which the impugned appointments of respondent Nos.4 and 5 had been made and to place the writ petitioner's name in the..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....ath Mondal, the defendant No.2 in raiyati right who sold the suit land to the plaintiff by registered kabala dated 23.04.1970 and since then the plaintiff has been in possession of the same. At the time of kabala Monindra Nath Mondal disclosed to the plaintiff that he (defendan......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....view that the trial Court ought not have taken the suit for ex-party hearing. The appellate Court also noticed the fact that on the date of hearing defendant No. 1 entered appearance and prayed for time, but the trial Court did not dispose of the application so filed seeking time and that took up......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....shy;cence and stopped from challenging their retirement at their own request after having received all the benefits and dues of such retirement as sought by them voluntarily and after such a long time." 7. In support of the appeals Mr. Sk. Awsafur Rahman, learned Advocate has ta......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....of the High Court Division in Civil Order No. 4901 of 1997 rejecting the revisional application summarily on merit as well as on the ground of limitation since the revisional application was out of time by 238 days and the said delay was not satisfactorily explained. 2. The revisional......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
...., both oral and documentary, to that effect is lacking, that S. A record in the name of Alfajuddin and Rafatullah was prepared wrongly since tenancy of Jairuddin was not surrendered at any point of time in favour of kuran Modnal. Finally the High Court Division held that question of surrend......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....it petitioner) filed The Lawyers Writ Petition No. 4892 of 2003 stating, inter alia, that he joined Bangladesh Telegraph and Telephone Board (BTTB) as Assistant Divisional Engineer in 1981 and from time to time was promoted to various posts and lastly was transferred as Director (current charge) ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
.... the suit properly as abandoned properly but with no effect. Md. Karim and Md. Khaleque then sold the disputed property to the plaintiff’s father on 30.06.1980 by a registered kabala. Ai the time of purchase of the suit property the plaintiffs father was not aware of the abandoned characte......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....in the respective writ petitions committed illegality in directing the customs authority to assess the customs duty etc, on the basis of invoice value that was prevailing at the time of opening of letters of credit inasmuch as customs authority has the authority to determine no......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....", wherever occurring, the words and comma "Chairman, Managing Director" shall be substituted. 10. The learned Advocate for the respondent could not show that at the relevant time the post of Chairman was filled up and his duty/ job was defined or the duties / functions of ......or to exercise all powers and do all acts and things which may be exercised / done by the Board. The Board in its meeting No. 61 dated 01.06.1983 having delegated to the Managing Director power of appointment of officers upto the level of Deputy General Manager and also the power of making final..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....t Ext. 2 series holding that Basanta Kumar was karta of the family and as karta he gave pattan although the trial court found that P.W.1 had no knowledge regarding pattan as he was a minor at that time and P.W. 2 Mozzafor Hossain who proved the pattan dakhila was not present at the time of grant......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... a bar to an relief because the respondents' appeals are pending before the Chief Justice. The Division Bench opined that it is well settled that the Court returning the plaint has no power to fix time within which it is to be refiled and so it is to be presumed that for this reason no time limi...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
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