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Md. Abdul Jalil Vs. Mosammat Shefali Begum and othÂers, 2006, 35 CLC (AD)
....ent 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. ......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. ......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
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
.... 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. ......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 ......ndant No.1 is void in the eye of law, that although defendant No.1 has stated that Nalini took away unregistered deed of gift from her and did not return the same but she did not take any step for recovery of deed of gift from Nalini, that from the papers relating to the revenue proceeding it is......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)
....and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......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......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 70
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....e High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......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. ......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
Shahabuddin Vs. State, 2006, 35 CLC (AD)
....cting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....nd 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......e informant to fetch the above amount from her mother. Then the mother of the informant, who is a poor lady, assured the petitioner that she will meet the above demand little by little. In the meantime the informant delivered a baby daughter after which the accused petitioner started pressi...... lap of the informant and received injury and informant herself also became senseless. After the mother of the informant came to know about this incident, she got the informant hospitalized. After recovery, the informant lodged Criminal Case No. 199 of 1997 before the Court of Magistrate, Thakur......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
....har, 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. ...... 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. ......ruit and .at one stage it turned into a severe altercation between them and on hearing the hue and cry, the other accused persons including the petitioners came to the place of occurrence with arms in their hands and encircled his father Durud Miah and Tunu Miah and started assaulting them w..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
.... 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. ......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. ......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)
....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. ......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. ......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)
....d the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......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. ...... 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)
....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. ......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. ......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)
....ct it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......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...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....ified 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. ......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......ration money is not paid or is part paid or part promised. He next submits that in the case of non-payment of full consideration money or part consideration, the vendor may sue the vendee for recovery pf the consideration money. 11. Section 54 of the Transfer of Property Act (Act IV ......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)
....ground of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......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. ......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)
....ent 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. ......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. ......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)
....e 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. ......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. ......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)
....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. ......, 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. ......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)
....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. ......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. ......s with the police station and on 15.08.2002 some miscreants attacked the Ansars on duty in T & T colony and tried to snatch away the 303 rifles from them and in order to protect the Government arms and ammunitions and the Government properties the Ansars opened bank fire and the miscrea..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....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. ...... 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. ......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)
....hority 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. ......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. ......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
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