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Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......roperties to Respondent No.3, made direction to the Government for handing over possession of the rest of the properties of the Corporation to the Bank as mortgagee. 6. From the materials on record it is seen that the appellant accepting the property in question as abandoned property praye......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......letter of authorization in favour of authorized officer of the Bank authorizing him to withdraw 1,000 metric tons fertilizers from the Zia fertilizer factory. It is apparent from the papers on the record that since defendant Nos. 3 and 4 made advance sale of 1,000 metric tons of fertilizer to th......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Banking Law | Date: | Hits: 129

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......intiff No.9 and plaintiff Nos. 11-16 as the heirs of Ansar Uddin inherited 75.60 acres of land and possessed the same on payment of rent and they were under the impression that the said land has been recorded in their names but subsequently it was detected that out of 92.28 acres only 13.22 acres of......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 156

A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)

.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 47

Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)

....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 102

University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)

....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......it petition upon the University is not available to the writ-petitioner. 4. The High Court Division upon hearing the learned Counsels of the parties and on consideration of the materials on record, particularly because of the recommendation of the Chairman of the Department of Law for re-......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..

Category: Civil Law | Date: | Hits: 97

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

.... Court were in error in decreeing the suit on the basis of Exts. 4 and 6 (judgment and decree in Title Suit No. 626 of 1975 and in Title Appeal No. 92 of 1979 respectively) considering them as the good piece of evidence in support of the claim of title of the plaintiff and that appellate Court h......ecovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void and not binding upon the plaintiff and that the S. A. record in the name of defendant No.9 and R. S. record in the name of defendant No. 8 are incorrect.......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....mpugned judgment suffers from deviation of the usual norms which are required to be followed in the hearing of an appeal and in considering a case based entirely on circumstantial evidence. For good or worse, the learned Sessions Judge has taken into consideration a number of circumstances p...... ornaments from her person and that the respondents have been falsely implicated in the case at the instance of interested business rivals. The Sessions Judge after consideration of the evidence on record convicted the respondents of the charge under sections 302/34 of the Penal Code and sentence......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..

Category: Criminal Law | Date: | Hits: 129

Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)

....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......he petitioner and thereafter issued warrant of arrest and the case was registered as G.R. Case No. 19 of 1996 under sections 420/406/468/471 and 109 of the Penal Code. The Magistrate sent the case record to the Additional District Magistrate for trial. The accused-petitioner appeared before him ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 37

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......he appellant company. The High Court Division, however, discharged the Rules in the above writ petitions on contest by the impugned judgment and order dated 22.6.1999. 7. It appears from the record that the appellant company put up a defence in resisting the said IRO cases that the Agrabad......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 95

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ......oner was placed under suspension or, the ground that he was convicted by the learned Divisional Special Judge, Khulna and sentenced to suffer rigorous imprisonment" for 6(six) months. It is on record that the petitioner filed an application under section 561A of the Code of Criminal Procedur......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ..

Category: Civil Law | Date: | Hits: 104

Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)

....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......at revision, was discharged and the leave is now sought by the defendant against the judgment and order passed in the Civil Revision No.1602 of 1994. 5. Mr. Md. Nawab Ali, leaned Advocate-on-record, who appeared on behalf of the petitioners has submitted that the plaintiffs acquired no ti......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 113

State Vs. Omar Ahmed, 2008, 37 CLC (AD)

.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ...... contrary. The plaintiffs as managers of the idol's property are enti­tled to maintain the suit for rent of the idol's property." 11. Accordingly in the present case, there being nothing in the record to show that there was no provision in deed of bequest to the contrary, Binode Behari Dutta, ......udicial Com­mittee, that a shebait has not the legal ownership in, but only the title of man­ager of, a religious endowment". It follows from this that the rent of prop­erty dedicated to the services of an idol, as well as offerings made to the idol, be­long to the idol, and not to the she..

Category: Civil Law | Date: | Hits: 111

Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)

.... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......o his status and pay where he could have been profitably em­ployed, as such the order of retirement was passed. 7. The High Court Division on considera­tion of the facts brought on record by the par­ties held "In our view the respondent, has rightly found it expedient t......he High Court Division in Writ Petition No. 202 of 1990 discharging the Rule. 2. The writ petition was filed impugning legality of the order dated 3.12.1989 retiring the appellant from the service of the Bangla­desh Biman Corporation on completion  of more than 25 (twenty five) ..

Category: Employment/Service Law | Date: | Hits: 79

Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... full amount of money and subsequently, he had to make deposit of the entire shortage amount by selling of his paternal property. 4. It appears that the Special Judge consi­dering the evidence on record found that the accused was guilty of the offence charged with but took a lenient view in pass......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 90

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......se No. 337 of 1973 under section 143A of the State Acquisition and Tenancy Act, 1950 in the 3rd Court of Munsif of Tangail and brought into existence fraudulently an order as regard correction of the record of rights in their favour and later on the appellants herein produced the forged copy of the ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ...... the said incident information was lodged with the police station at Modhukhali. 10. On completion of investigation, charge sheet was submitted against 8 (eight) accused persons. In due course the records were received by the Court of Sessions Judge and thereupon Sessions Case No.2 of 2002 was re......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..

Category: Criminal Law | Date: | Hits: 63

Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)

....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......So her vendor Guru Dasi Dey had nothing to transfer to the petitioner. In view of that, we find no merit in the Rule." 7. We have heard the learned Counsel and perused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Co......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 31