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Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....by the said court is in respect of the clear findings that the deed of agreement for reconveyance (Ext. D), the deeds of reconveyance and the subsequent deeds of sale were genuine. This goes to the root of the merit of the case since no relief could be granted to the plaintiff without coming to an...... 3. In course of the proceedings of the suit defendant No. 6 died and his heirs were substituted in his place as defendant Nos.6 (ka) 6(uma). Defendant No.1 filed a written statement supporting the case of the plaintiff while defendant No.2 and defendant Nos. 6 (ka) - 6(uma) and defendant No. 7 co..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......nistrative Tribunal found that the enquiry officer rightly found the respondent guilty of the offences and as such the punishment has been rightly awarded. But the Administrative Tribunal allowed the case of the respondent, as the respondent was proceeded against under the Government Servant (Discip..Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ...... 1966 (SC) 445; S.S. Dhanoa Vs. Municipal Corporation, Delhi and others AIR 1981 (SC) 1359. 8. On the other hand Mr. S.R. Pal, learned Counsel appearing for respondent No.1, submits that the cases cited by Dr. Hossain have little to support his contention in view of the fact that a radical..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......s under the Act. Respondent No.2 filed Complaint Case No.40 of 1981 before the Second Labour Court, Dhaka challenging the order of discharge on several grounds and the said Labour Court allowed the case and ordered his re-instatement in service. The appellant's Writ Petition No.216 of 1985 c..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ...... property to her in Karachi on 20-6-70 on the occasion of her birthday and the said deed of gift was registered in Karachi on 23-6-70. The father of the writ petitioner delivered possession of the case property to her and she took actual physical possession of the case property and resided there..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ...... No.16 of 1985 by the learned Subordinate Judge, Shariatpur dismissing the application under Section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The pre-emptor filed the case on 4.8.77 on the averments that vendor-respondent No.1 sold the land to respondent No. 2 ..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......d to make over possession of the Moon Cinema Hall at 11, Wiseghat, Dhaka to the appellants pursuant to the Gazette Notification dated 24.8.77 (Annexure-D) issued by respondent No.1. The appellants case, inter alia, is that appellant no. 1 is a private limited company registered in the then East ..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... Procedure. He submits that the Civil court is entitle to try all kind of suit of civil nature unless the same is specifically barred under any specific provision of the law and in the present case there is no such bar. Learned Advocate further submits that from the materials on record ..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......t is binding on the High Court, as a revisional court except in certain well-defined exceptional circumstances, such as non-consideration or misreading of material evidence affecting the merit of the case………………………………(11) Cases Referred to- Banga Chandra Dhur Biswas Vs. ..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....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. This case is also Reported in: II ADC (2005) 514. ...... works done with the fund of the Union Parishad and the value of such work not being exceeding Tk. 50,000/- the Union Parishad may itself execute the work through a Project Committee and in such a case there is no contract and as such there is no question of the Chairman of the Union Parish..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......e and to pay a fine of Tk. 10,000.00 each in default to suffer rigorous imprisonment for three years more and also convicted four other-persons under different sections. 2. The facts of the case, in short, are that Md. Idris Ali, father of deceased Ruhul Amin as informant lodged First Inf..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......on passed in Writ Petition No. 321 of 1989 discharging the Rule obtained against the judgment and order dated 19.1.1988 of the Court of Settlement Dhaka passed in Case No.566 of 1987 dismissing the case. 2. Brief facts for disposal of this appeal are that the appellants and their predecess..Category: Property Law | Date: | Hits: 30
Mohammad Mozaffar Ahmed Miah Vs. State and another, 2007, 36 CLC (AD)
.... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ...... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ..Category: Criminal Law | Date: | Hits: 38
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ...... any teacher on an allegation of professional misconduct or moral turpitude and the matter can be inquired into by a 5 member inquiry committee nominated by the Governing Body. Since in the instant case the matter was enquired by a three member inquiry committee and on the recommendation made by ..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......e book with the counter foils of the cheques issued for Tk. 5,000/- and Tk. 11,000/- respectively, marked Exhibits-2 and 2 (Ka). The legal notice was marked Exhibt-3. The plaintiff thus proved his case of agreement for sale, payment of Tk. 5,000/- and 11,000/-to the defendant and delivery of pos..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ......leave of the Court) for the respondent No.1 and perused the impugned judgment and order of the Administrative Appellate Tribunal and the materials on record. 4. This Division in a number of cases held that the Administrative Tribunal is not a Court proper although it has all the trappings..Category: Administrative Law | Date: | Hits: 92
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......ssions Judge, Naogaon in Sessions Case No.70 of 1990 finding the appellant and others not guilty and accordingly acquitting them of the charge levelled against them. 2. The prosecution case is that P.W.1 Md. Anisur Rahman, father of the deceased A.B.M. Mamunur Rashid alias Mamun lodg..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......nt to pay certain percentum of tax as a condition precedent to filing of an appeal is merely a matter of procedure. The effect of repeal or amendment in the procedural law will be that in the pending cases the new procedural law will apply because as a general rule alterations in the form of procedu..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ...... March, 1993 and as such the right, title and interest if any of the previous owner had extinguished and the property absolutely vested in the Government. 8. In the facts and circumstances of the case and in view of the fact that final Gazette Notification under section 5(7) of the Emergency Req..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......1474 under khatian 1/29, Touzi No. 133 of Kaliakoir Mouza within P.S. Kaliakoir Dist. Dhaka and for further declaration that record-of -right in respect of the said land is incorrect. 3. The case of the plaintiff, inter alia, was that the suit property originally belonged to the then Zami..Category: Property Law | Date: | Hits: 35
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