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Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....under Section 106 of the Transfer of Property Act was duly served, that nothing has been brought on record from the side of the defendant to establish that he purchased the possession of the shop for good and thereby plaintiffs title in the shop has been extinguished, that by purchase possession of ......r bonafide use i.e. to make provision for her unemployed sons by starting business, that the notice under Section 106 of the Transfer of Property Act was duly served, that nothing has been brought on record from the side of the defendant to establish that he purchased the possession of the shop for ......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......rties involved in the two suits are not the same and the parties thereto are also different" in as much as the learned Single Judge did not consider the plaint of both the suits which were on record. 6. In support of the appeal Mr. Shamsul Alam, learned Advocate appearing for the app...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......uit was filed seeking declaration that the order of dismissal described in schedule 'Ka' attached to the plaint is illegal, void and not binding on the plaintiff and that plaintiff is still in the service of the defendant and is entitled to salary and other benefits. 3. The suit was f..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... 14. The observation of the High Court Division that the writ petition is a device to side track and ignore the order of stay passed by the High Court Division is also not based on materials on record. 15. In the circumstances, we are of the view that the High Court Division committed ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......quent order reversing the bail cancellation order which has been affirmed by the High Court Division on 24.7.2004 has been illegal and has been passed without considering the materials on record. The learned Counsel further submitted that accused respondent to remain in custody and ther...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......1 made the rule absolute setting aside the orders of the learned Magistrate taking cognizance under section 420 of the Penal Code and directed the learned magistrate to proceed in the light of the records thus being received by the learned Magistrate, he after hearing the parties framed cha......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....gnments aforesaid should not be forfeited for violation of sections 16 and 32 of the Act and section 3(1) of the Import and Export (Control) Act, 1950 for misdeclaration of price and nature of goods, as on physical verification the same were found to have contained 60% secondary quality G.P......Division discharged the Rule on a technical ground, namely, that section 196B of the Act. As quoted in the writ petition is available only to rectify mistake, error etc. Which is apparent from the record in any order passed by the Government and the appellant having not filed his application for......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ...... jurisdiction and as such the order passed by the High Court Division does not suffer from any illegality. 7. We have considered the submissions made at the Bar and perused the materials on record. The submissions made on behalf of the petitioners merit consideration. Accordingly, leave i...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
.... It is all the more difficult for the prosecution to press section 106 into service when the petitioner was also prosecuted for the murder of his baby daughter at the same time. We therefore, find good deal of force in the points argued by the learned Advocate for the petitioner. The ap......1995 was started, 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under sections 302/201 of the Penal Code and on receipt of the case record, the trial Court framed charge under the aforesaid sections of the Penal Code but the same c......e absence of any proof beyond reasonable doubt that he was present in the occurrence house when the occurrence took place. It is all the more difficult for the prosecution to press section 106 into service when the petitioner was also prosecuted for the murder of his baby daughter at the same ti..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ubordinate Judge (now Joint District Judge), Artha Rin Adalat, Sylhet and renumbered as Title Suit No. 71 of 1991 stating, inter alia, that the land of SS Plot Nos. 7430, 7431 and 7432 were wrongly recorded in settlement records but, in fact, the total area of the land according to physical poss......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......rned Counsel for the petitioner and Mr. Shamim Khaled, the learned Counsel for respondent No. 2 and perused the judgment of the High Court Division and other connected papers. 5. It is on record that the suit was fixed for peremptory hearing on different dates but the defendant did not ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......fter payment of fine the respondent filed various representations to the Government for his re-instatement but ultimately by an order dated 18-1-86 the authority dismissed the respondent from service. 3. The respondent filed Administrative Tribunal Case No. 132 of 1986 against the or..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......dquo; or, in other words, sand used for construction purposes is “Text in Bengali”. 22. The learned Counsel for the respondent No. 4 in the background of the materials on record could not make out a case that the sand for the extraction whereof lease has been granted is......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......d: Mohammad Ali Akand, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate- on-Record- For the appellant. Abdul Jabbar, Advocate, instructed by Muhammad Nawab All, Advocate-on-record- For the respondents. Criminal Appeal No. 24 of 2000 (From the Judgment and Order date......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......Khan the learned Counsel for the Respondent No. 8 in C.P. No. 74 6 of 2007 and respondent No.1 in C. P. No. 747 of 2007 and perused the judgment of the High Court Division and other papers on record. 13.The learned Counsel for the petitioner had submitted that the High Court Di......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
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