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DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......The suit was filed stating, inter alia, that the land in suit described in the 'Kha' schedule belonged to Bichanti Ferangi alias Binchent Gomes, the predecessor of the plaintiffs, that in the C.S. record the land was recorded in his name, that Denial Gomes was born out of wedlock of Bichanti Fer......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ..Category: Property Law | Date: | Hits: 22
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ...... (Revenue) cancelled the aforesaid mutation by his order dated 31.6.1997. Meanwhile, accused No.1 filed a Title Suit No.3 of 1997 in the Court of Assistant Judge, Sulla on 29.5.1997 for correction of records. That upon receiving the aforesaid complaint and hearing the Advocate the Special Case No.4 ......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......s and so it can not be altogether ruled out that because of the above the victim committed suicide. 8. Accordingly we are of the view that the High Court Division considering the evidence on record and the circumstances arrived at a correct decision in holding that the respondent is entit......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
....ssions made on behalf of petitioner are not well merited. 12. Before parting with matter we like to observe that of late tendency of serious nature which in no way conducive to good governance, is noticed in the conduct, behaviour as well attitude of the functionaries, highly...... 4. The Ministry of Home Affairs directed the Inspector General of Police to handover possession of the property to the claimant. But instead of doing that it transpires from the materials on record that the Inspector General of Police and others were out to retain possession of the propert......ee by the concerned that government functionaries as well as the personnel of other organizations under the supervision of the Government act within the bounds of the discipline and norms of their service and while dealing with the order of the superior Court keep in mind provision of Article 11..Category: Property Law | Date: | Hits: 28
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
.... quasi judicial nature, would not be or cannot be considered illegal or contrary to norms of justice unless the practice and procedure follows by the Tribunal is negation of justice or contrary to good conscience, fair play and equity or prejudicial to the parties before the Tribunal. The practi......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......nal Case No.176 of 1997 which was allowed by the order dated August 31, 2000. The Administrative Tribunal while allowing the case held that the Respondent herein is entitled to get seniority in the service from October 19, 1977 and that she is entitled to be considered for promotion to the post ..Category: Administrative Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ..Category: Criminal Law | Date: | Hits: 109
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......sion on applying correct principles of law arrived at a correct finding. The learned counsel appearing for the petitioner could not point out any misreading or non-consideration of the materials on record and/or any illegality or infirmity so as to call for interference from this Court. Ac......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. .......6.1943 to Raj an Mohan Basak, the predecessor-in-interest of the plaintiff; Ranjan Mohan Basek having died intestate leaving two daughters namely Devi Basak and Mrinalini Basak their names were duly recorded in S.A. Khatian together with the names of three sons of Mohendra in their eight anna share......ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......stry of Establishment recommended for regularization of 5 posts of Assistant Engineers but by notification dated 5.11.1994 issued by the Ministry of Finance no such posts was regularized and it is on record that the said project also was completed in 1995. Though the circular or administration instr......by the Secretary, Ministry of Local Government, Rural Development and Cooperatives refusing to grant pension benefit to the appellant. 3. The case of appellant, in brief, is that he entered the service as an Estimator under the Public Health Engineering Directorate on 2.10.1956. While serving ..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....ommercial Bank which was subsequently converted into Rupali Bank Ltd. he served as Branch Manager of Altaf Nagar Branch, Dupchachai, Bogra from 30.1.1986 to 7.9.1992; his past service record being good he, on 30.10.1997, was promoted; however on 12.11.1997, he was placed under suspension without......hile Muslim Commercial Bank which was subsequently converted into Rupali Bank Ltd. he served as Branch Manager of Altaf Nagar Branch, Dupchachai, Bogra from 30.1.1986 to 7.9.1992; his past service record being good he, on 30.10.1997, was promoted; however on 12.11.1997, he was placed under suspe......hachai Court, Bogra in Other Class Suit No. 53 of 1999 decreeing the suit. 2. The plaintiff instituted the above suit seeking declaration that the order dated 12.11.1997 suspending him from service and the show cause notice dated 14.6.1999 proposing his dismissal from service is illegal, ..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......he submission that the High Court Division exceeded its revisional jurisdiction in setting aside the concurrent findings of facts arrived at by the courts below without considering the evidence on record and without the required finding as to how the courts below misread or misconstructed the ev......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ...... 2000 seeking quashing of the proceedings of the above G.R. Case No. 20 of 1997 and then the High Court Division issued rule and stayed the said proceeding in relation to them; then on receipt of the records of the above G.R. Case No. 20 of 1997 from learned Chief Metropolitan Magistrate, the learne......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......5 they went to Thashil Office for payment of rent in respect of the land described in schedule ‘Kha' i.e. accreted land and then came to know that the said accreted land has been recorded in the name of the Government in the khas khatian. It has been contended since their land ...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......ah Vs. King, AIR 1949 PC 264, 1911, 1 K.B. 964; Gopinath Ghosh V. State, 32 DLR (AD) 177; Md. Srafiullah V. The State, 19 DLR 225. Lawyers Involved: Md. Nawab Ali, Advocate-on-record-For the Appellant. Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 3. ......hout lawful authority and why direction should not be made for quashing the proceedings against the appellant in the aforesaid G.R. Case No.1 of 1983 stating, inter alia, that the appellant joined service under the Government as Typist in 1967 and later on become Stenographer, in Noakhali Judges..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ...... 31 C.W.N. 271; Siddique Ahmed and others Vs. The State, 37 DLR 223; Md. Alim Vs. Noor Mohammad Bepari and another, 4 BLT (AD) (1996) 257. Lawyers Involved: Md. Nurul Islam Bhuiyan, Advocate-on-record-For the Appellant. Aftab Hossain, Advocate-on-record-For the Respondents. Criminal Appe...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ...... Circle Officer (Rev). P.S. Tajgaon Dhaka the respondents No. 2 certified that the above property has not been listed as vested property and on the basis of the same her name was mutated and then she recording her name in the hal record of right had been in exclusive possession of 8 Kathas of land o......r was made but in that case question may arises if Jogesh and Mrinalini went to India before 1965 how they would execute the power of attorney dated 12.10.76 and cancel it on 9.2.78. 20. Regarding service of notice before eviction on 5.8.99 as it appears by Circular No. 1A-1/77/156 R.L. dated 2..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......th one Rafiq, son of Ansar Ali, the landlord of accused Nannu and frequently used to remain absent from the house in the night. 6. The Tribunal, on consideration of the material evidence on record and the facts and circumstances of the case, found all the accused persons guilty under sect......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......namely, Ekramul Hossain @ Anis, Sukur Ali, Minarul Islam @ Minu, Shajibal Islam, Kablu and Tajibul Islam made confessional statements under Section 164 of the Code of Criminal Procedure recorded by P.W.3 Taposh Kumar Bashu and P.W.4 Rama Rani Roy. P.W.19 Md. Abdur Rab Akanda, the I.O.......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ..Category: Criminal Law | Date: | Hits: 33
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ...... the matter we are of the view the High Court Division as well as courts below were not in error in holding that the suit filed by the plaintiffs is not maintainable. The learned Advocate-on-record could not point out error of the kind in the judgment of the High Court Division calli...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ..Category: Property Law | Date: | Hits: 19
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