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Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......1978-79, that the said case was contested by the plaintiffs and the Additional Deputy Commissioner (Revenue) passed order recommending release of the property from the list of vested property and the record was sent to the Ministry of Land for final approval but the Ministry instead of passing the o......igh Court Division made the Rule absolute on the finding that from the defendant's side it was not established that Abdul Barek Bepari obtained the decree for specific performance of contract without service of summons on the defendants thereof, that the judgment of the appellate Court suffers fro..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......of the land in suit, that the High Court Division was wrong in proceeding with the premise that the defendants were ready and willing to perform their part although any evidence was not brought on record to establish the said fact. It has also been submitted on behalf of the appellant that in th......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......rds settled the land in suit with Bipin Chandra in 1350 BS by granting Dakhila, that said settlement holder Bipin Chandra possessed the land in suit upon payment of rent to the exlandlords, that RS record was prepared in the name of Bipin Chandra, that Bipin Chandra sold the land in suit to the ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......ed the same in 1344 B.S. with some of the plaintiffs processors and others in raiyati right, that, dining the survey operation under the State Acquisition and Tenancy Act the suit land was wrongly recorded in the name of the respondent, whereupon an application was filed on behalf of the appella......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....eived payment of Tax to the authority by forging signature of the commissioner; that by submitting the aforesaid documents on 15-06-2002 in the office of Custom House tried to release the said goods and at that time, the informant came to know that the accused party had no Bond Licence and ......is argued that the learned Judges of the High Court Division totally misdirected in arriving at the finding and decisions. 10. We have heard the learned lawyers of both sides and perused the records and considered their submissions, it appears that the learned Judges of the High Court...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......d of their legitimate expectation the High Court Division came to a correct finding and thus made the rule absolute. 9. We have considered the submissions and perused the materials on record. 10. The submissions made on behalf of the petitioners merit consideration. 11......nagement Board, Chittagong working as personnel and welfare Manager, Secretary and Finance and Accounts officer respectively and performing their functions as the heads of each department and their services were regulated by Dock Workers (Regulation of Employment) Act 1980 and that the law w..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....r hearing." 8. Leave was obtained for consideration of the contentions that the High Court Division was in error in considering service of summons on the appellant's mother as valid and good service of summons on the appellant who was Respondent No. 2 in the Miscellaneous Appeal ......ts and circumstances of the case in holding that notice sent by registered post was duly and properly served on the appellant although the learned Additional District Judge on scrutiny of the record on being satisfied as to non-service of summons of the appeal on the appellant properly and ......Additional District Judge also observed that as the process server served the summons on the mother of the Respondents in the appeal who was not the authorised agent of the Respondents there was no service of summons on the Respondent and that it can not be said that Respondent No.2, i.e. a..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......against the defendant petitioners stating, inter-alia, that the suit property belonged to Abdul Wahed Mridha in Rayoti Jote right and he possessed the same as such and the property was accordingly recorded in ROR and that he was in possession of the property on payment of rent and that on 12.11....... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ...... suit. 8. Hence is this petition. In support of the petition Mr. Nurul Islam Bhuiya, learned Advocate-on-Record placed before us the impugned judgment and order and other materials on record and submits, inter-alia, that the learned Single Judge of the High Court Division failed to ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....lice station received a message from the Station Master of Khulna Railway Station on 10.10.1997 that on the same day at about 10.40 A.M. There was collusion between one 23 UP Rocker Mail Train with a goods Train ND-5 UP at Singia Railway Station near home signal while the said good train was shuntin......ional Attorney General submits, inter alia, that there being cogent evidence against the two respondents the High Court Division committed error of law in acquitting them misreading the evidence on record and thus occasioned failure of justice. 4. We have considered the submissions made by the ......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......e judgment and decree of the trial Court, the defendant No.1 moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division on consideration of the evidence on record held that the transaction made by Ext.1 (the Exchange deed) was a colourable transaction as ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ...... presence of learned Advocate for the applicant and Mr. Syed Mahmud Hossain, the learned D. A. G. for Bangladesh Bank and the delay in filing the review application was condoned. 9. It is on record that the time of hearing of the main rule by the earlier Bench, Dr. Rafiqur Rahman appeared ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......ent on pain of legal consequences. 4. Both the writ petitioners, Capt. (Retd.) Syed Abu Naser Muhammad Okba and Lt. Col. (Retd.) Mohammed Zainul Abedin were in employment of the defence services and took employment under the Biman after the former had already retired from the Army and..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......hy;dant No.2 and the said defendant No.2 settled the said 19 decimals of land to his son Ranjit Kumar Biswas and said Ranjit Kumar Biswas sold 19 decimals of land to the plaintiff, that during R.S. record the aforesaid 19 decimals of land was recorded in R.S. plot No.1880 and 1886 comprising .24......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ...... The High Court Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that "considering the proven facts, circumstances and the evidence on record of the case, the learned Single Judge of the High Court Division due to its misconception of......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..Category: Property Law | Date: | Hits: 33