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Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... and the rent receipts on the basis of which plaintiffs are claiming right, title and interest in the land in suit are of more than 30 years old and as such the same have the presumptive value as per provision of section 90 of the Evidence Act and that the said presumption has not been rebutted from...... the kabuliyat dated 8.8.1917 having been created subsequently for the purpose of raising claim in the land in suit as found by the Court of appeal below the High Court Division was in error in law in setting aside the judgment of the lower appellate Court and thereupon restoring the judgment ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....the petitioner submits that the High Court Division committed an error of law by discharging the Rule in so far as to the appointment of Acting Nazir/Nazir as guardian in contravention of the provision of the Rule 843(1)(2) of Civil Rules and Orders and Rule 4(4) of Order 32 of the Code of ......fter hearing a Single Bench of High Court Division on 25.02.2004 discharged the Rule. 3.The learned counsel for the petitioner submits that the High Court Division committed an error of law by discharging the Rule in so far as to the appointment of Acting Nazir/Nazir as guardian in c..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....ustrate the claim of pre-emption. 5. The trial Court decreed the suit on the finding that the plaintiffs suit is not barred by limitation that the suit is quite maintainable as per provision of section 42 of the Specific Relief Act, that the plaintiff proved his possession in the......t Division discharged the Rule on the finding that the trial Court decreed the suit wrongly placing onus upon the defendant to prove the kabala in question forged and fabricated although under the law it was the duty of the plaintiff or in other words onus was on the plaintiff to establish that ..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....able in its present form, that the BRDB established by Ordinance No. LIII of 1982 did not frame any service rules for regulating the service of the employees of BRDB and decided to follow the provisions of the Government Servants (Discipline & Appeal) Rules, 1976 till framing of the Ser...... marked Ext.19. The learned Subordinate Judge, however, took no notice of it and dismissed the suit. 7. The learned Judge of the High Court Division without deciding the point of law raised for his consideration by the plaintiff although exhaustive notice was taken of the argu..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ponsor contributor in the share capital of the respondent No.1 company namely Jumuna Bank Limited. That the respondent No.1 is a public company limited by shares registered and incorporated under the provisions of the Companies Act, 1994 (Act DVIII of 1994) in the office of the Registrar of Joint St......orporation and certificate for commencement of business on 02.04.2001 from the office of respondent No.5 but the petitioners with great surprise observed that there was no logical proportionate and lawful reflection of the petitioners contribution of total Tk.5, 00,22,000.00 (Taka five crores and ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......ossessed the writ petitioners. The allotment of the land to the appellants having been made without jurisdiction and the writ petitioners having been illegally evicted in pursuance of the aforesaid unlawful allotment, the writ petitioners were constrained to move the High Court Division in the wri..Category: Property Law | Date: | Hits: 91
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......ection 138 of the Negotiable Instruments Act, 1881. 3.The learned counsel appearing for the petitioner submits that the mode of obtaining and procurement of cheque not being the requirement of law, the High Court Division acted illegally in making the Rule absolute holding that 'we are constr..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......l evidence nor it can be said that the evidence adduced failed to prove the charge. On the contrary it appears to be a case proved well. 10. In view of the settled proposition of law and the facts and circumstances we find that the petitioner failing to make out any case within..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... on-3.4.1988 is very much relevant for the purpose of defence for proving the defence case as to the alleged injury due to the altercation and scuffling between the brothers and under the mandatory provision of section 265(1)(3) of the Code of Criminal Procedure the accused petitioner as of right......t the petitioner having taken the defense that they were innocent and falsely implicated in the case and cross-examined the P.W.1 that Rehana had illicit connection with her brother-in-law Sultan Ahmed over which there was altercation and scuffling between Fazal Ahmed and Sultan Ahme..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
.... section 412 of the Penal Code, ends of justice would be best served if the conviction is reduced, to 'sentence already served out' considering the allegation as found against the petitioner and the provision of section 35A of the Code of Criminal Procedure. 6. In view of the materials on r......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....he last five years and this document shows that the respondents are more meritorious than the writ petitioner and the last submission that in any view of the matter, having regard to the provision of section 24 of the General Clauses Act, the delegation made in 1974 is valid even after......Board in 1974 shall continue until delegation of power is made afresh. Mr. Islam submits that it is an administrative order and they are not supposed to know the legal position and the position of law is that delegation of power once made shall continue unless withdrawn/rescinded. Therefore, by ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....n deciding the appeal arrived at a positive finding to the effect:- "-----Accordingly I am of the opinion that the learned Munsif totally misconceived the facts as well as related provisions of law to the present case and as such illegally dismissed the suit for partition agains......the said R.S. record is wrong which being allowed by the learned Munsif the plaintiff preferred Miscellaneous Appeal No.9 of 1972 which on contest was allowed in part because of misconstruction of law and fact and being emboldened by those judgments, the respondent Nos. 112 made an attempt to ta..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....a result of which huge number of sex-workers deserted the area, started rooming about in the area and created an uneasy situation and, therefore, the respondents had to take actions under the provisions of the Vagrancy Act and took steps according to law and the actions so taken were bonafi......r should not be declared illegal and directing that the sex-workers in custody be brought before the Court so that it may satisfy itself that they are not being held in custody without lawful authority or in an unlawful manner. 4.The rule being issued, the appellant contest&sh..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....e south of the shop No.1 and thereby made an extension of the shop No.1 and obtained unapproved electric connection, that the plaintiff requires the shop in question for her bonafide use i.e. to make provision for her unemployed sons by starting business, that the notice under Section 106 of the Tra...... aside the judgment and decree of the appellate court affirming the judgment and decree of the trial Court. 8. Leave was granted to consider the contentions that the High Court Division erred in law in not taking into consideration that the tenant has erected tin-shed adjacent to the suit shop ..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court." 16. On perusal of the aforesaid provision of law it appears that no Court should proceed with the trial of any suit in which the m......beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court." 16. On perusal of the aforesaid provision of law it appears that no Court should proceed with the trial of any suit in which the matter in issu..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....Court Division erred in not dismissing the suit since the College was not impleaded as a party in the suit and because of or as consequence thereof decree passed is inexecutable. 8. The provision of Section 3(2) of the Cadet College Ordinance, 1964 (E.P. Ordinance No.II of 1964...... College authority served show cause notice on the plaintiff and he replied to that and the reply as was not satisfactory an Inquiry Committee was constituted and the Inquiry upon due observance of law held and in the light of the report of the inquiry Committee 2nd show cause notice was served ..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. ......e writ petition having not been posted in the cause list for “hearing of the Rule" but was posted for hearing as "application," the High Court Division committed grave error of law in deciding the writ petition on merit and such error led to error in the decision in dischargi..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. ......nir Hossain in attempt to save him stepped on the accelerator of the car but he was also shot. The car could not go very far. After the accused left the place of occurrence, informant's brother-in-law (Bhashur) Liaquat Ali, Md. Babul Akhter and the owner of the neighboring studio one Asad took t..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....lows:- "397. Penalty for false statement. - whoever in any return, report certificate, balance sheet or other documents, required by or for the purposes of any of the provisions of this Act, wilfully makes a statement false in any material particular, knowing it be......, shall be punishable with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine." 6. From the aforesaid provision of law it appears that willful making of any statement in any material particular knowing it to ..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. ...... as stated in the F.I.R. that Delwar Hossain Talukder had fired gun shot at the fighting and at his instance the younger brother of informant died the High Court Division has fallen in an error of law in enlarging the respondent on bail by the impugned judgment and order dated 4.11.2002 in the c..Category: Criminal Law | Date: | Hits: 68
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