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Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......r of compulsory retirement to the appellant. The appellant as against the said order of compulsory retirement filed appeal but without any success. Thereafter, the appellant filed a petition for review/reconsideration of the order passed in the appeal but he did not have the desired result. The ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......nd PW 2 Khaleque Matbar deposed that the two appellants tied the two hands of the deceased. The learned Advocate-on-Record brought this inconsistency to our notice and submits emphatically that in view of such inconsistency in the evidence the order of conviction under sections 302/34 of the Pen..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......of the Code of Criminal Procedure, which has been done illegally which is absolutely bereft of substance. 7. We have considered the facts and circumstances of the case and we are of the view that in order to satisfy himself as to the report of the process server, the learned Senior As..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....ne else. The land was wrongly recorded in the name of the defendant No. 6 because after transfer to the said Abdus Sattar, she had no interest left in the land and, as such, the present Khatian is erroneous and without any basis. That all the eleven share-holders of the Company were citizens of ...... the properties including the land had vested in the Government as abandoned property and because of such vesting the Government was the owner. The High Court Division also did not consider that in view of the admitted position of respondent Nos. 1 and 2. that the company was in permissive occup..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. .........Respondents (In Civil Petition No. 3 of 1989). Judgment September 2, 1989. The Constitution of Bangladesh, 1972, Article 100, 107 & 142 Majority view Per B.H. Chowdhury, J: Basic structural pillars of the Constitution cannot be cha..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......iced that in 342 statements the accused made no grievance about his torture alleged to have been made by the police for obtaining a confessional statement. While the trial court kept 342 Cr.P.C. in view it is unfortunate that one of the important items for linking up the accused with the crime, ..Category: Criminal Law | Date: | Hits: 159
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......pers should have been marked exhibit. The trial Court took notice of the kabala but observed that "mere mention of the Plot Number of the accused In Bazlur Rahman's kabala did not matter much" in view of the oral evidence that Bazlur Rahman purchased Plot No. 3834/4168 in which he had grown Ir..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......ents and accordingly decreed the suit in full. The appellate court noticed that certain terms and conditions mentioned in the "mortgage deed" is contrary to that of the sanctioned letters." In this view it was found "that the findings of the learned Munsif "that the sanctioning letter and Rehani d..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ...... (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never recognised as required under clause..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......riod of fifteen days of return of the Money Order on 29.2.1984. The fact that the rents of January, February and March were also sent together by Money Order dated 5 March 1984 is immaterial in view of the deposit with the Rent Controller made within the statutory period. This Money Order was ..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......Executive Engineer on the basis of seniority. The appellant alleged that respondent No. 2 was abruptly and secretly promoted to the next higher post without complying with the procedure of interview and selection by the Board which was malafide and illegal. His promotion was malafide also beca..Category: Employment/Service Law | Date: | Hits: 89
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......nd registered in 1975 and it will be presumed that vendor Gopal Chandra Shil was physically present in Bangladesh at the time of the registration. The plaintiff’s possession was also found. In this view of the matter, the suit was decreed. In revision, the High Court Division affirmed this decree ..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......airman, there was no impediment to do so. But it seems Legislature intentionally refrained from using the word acting Chairman in sub-section 3 of Section 4 of the Upazila Parishad Ordinance with a view to preserve the democratic sprit of Union Parishad ..............................”. The lea..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......rchased some portion of the suit land from alleged donee of the Hiba-bil-Ewaz was now estopped from challenging the said deed. The other findings made by the learned judge need not be, referred to in view of the limited question on which leave was granted and the appeal heard and particularly in v..Category: Property Law | Date: | Hits: 33
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109...... the appellant should be made to pay some compensation to the respondent No. 2 as he has been an innocent sufferer for the laches of the appellant. Considering all aspects of the matter we arc of the view that the appellant shall pay an amount of Tk. 75, 000/- to the respondent No. 2 as Solatium. ..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......was not binding upon the defendants as they were not parties thereto. Further, the appellate Court found that by mutilating the registered kabala (Ext. 2) by tearing it off in selected places, with a view to establish his false claim to the entire suit land, the plaintiff practiced fraud upon the co..Category: Property Law | Date: | Hits: 75
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104...... granted by this Court on 13.2.85 will continue for 4 (four) months more from date in course of which the appellants will take steps to get their suit disposed of and the court concerned will keep in view this time allowed to the appellants. However, in case the suit cannot be disposed of for any re..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......on or instance took place they were the best evidence. The learned Judges of the High Court Division did not straightaway reject the previous judgment Ext. 7(d) as inadmissible but they were of the view that the probative value of the judgment "is very small", firstly, because this judgment reve..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....in possession. This question was rightly answered by the trial Court and the appellate Court confirming right to retain possession till partition by mets and bounds but the learned Single Judge on an erroneous view of law reversed their decision and thus the appeal is allowed and the order of the Hi......ion. This question was rightly answered by the trial Court and the appellate Court confirming right to retain possession till partition by mets and bounds but the learned Single Judge on an erroneous view of law reversed their decision and thus the appeal is allowed and the order of the High Court D..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....justice and good conscience." What Mr. Khandkar canvassed was that the plaintiffs claimed customary right and not customary easement. Hence the Courts below while approaching the case made an erroneous decision by taking in view the principles of Easements Act. The submission is devoid of ......" The learned Munsif considered the plaintiffs' claim "that they along with some other inhabitants of the locality have been using the suit pathway as of easement right from time immemorial." In this view of the matter, the suit was decreed. "The plaintiffs' right of easement over the suit pathway..Category: Property Law | Date: | Hits: 36
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