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Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....mini Kanta's death Sabitri obtained a probate and enÂtered into possession. On the death of Sabitri Bala, defendant Nos. 1-4, sons of Sabitri's brother, came to possess the suit land. Plaintiffs in good faith beÂlieving that they were the lawful heirs of Sabitri purÂchased from them, by two regi...... no relief was claimed, at the appellate stage court guardian on their behalf was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal of the record that the minor respondents had no subsisting interest in the suit property and as such there ......s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....e appellant from taking office by obtaining a stay order and this has been successfully done for more than one year. The huff and hurry in which the writ petition was moved only speaks of the lack of good faith on the part of the respondent. It is a matter of regret that the learned Judges of the Hi......er referred to as the OrdiÂnance) and as such he has no right to hold the Office of Chairman of the said Union Parishad. 2. The admitted facts of the case as can be gathered from the materials on record are that the apÂpellant, respondent No. 1 and respondent Nos. 8 and 9 submitted papers for e...... result, therefore, the appeal is alÂlowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....r the petitioner was unaware of the leave petition filed by the GovernÂment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......r the petitioner was unaware of the leave petition filed by the GovernÂment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......r the petitioner was unaware of the leave petition filed by the GovernÂment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ..Category: Criminal Law | Date: | Hits: 41
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08....... committed rioting with fala, knife, etc. and injured one Hurmatullah causing several inÂjuries on his person who ultimately died in Shibganj Rural Health Centre on 7.10.86. The Upazila MagisÂtrate recorded his dying declaration on 9.9.86. 3. The appellants' prayer for bail having been refused ......sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......Counsel for the appellants has reÂpeatedly drawn our attention to the following findÂings of the High Court Division at pages 34-35 of the paper-book: "There is preponderance of oral evidence on record, by P.Ws. 1, 2, 3, 4 and 5 that appellant Mir Ali Khandakar never possessed the P.O. land and......s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The orÂder for pre-emption is set aside and the MiscellaneÂous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The orÂder for pre-emption is set aside and the MiscellaneÂous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The orÂder for pre-emption is set aside and the MiscellaneÂous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....s by which the decision of the Government was arrived at. We think that, that is not the function of the Magistrate. The Magistrate is to see whether the Public Prosecutor in withdrawing the case had good grounds to support and if that is manifested either in his application or some materials on rec...... 1977 has discussed all aspects of this question and they need not be repeated again, excepting that the MagisÂtrate while according consent must act judiÂcially and there must be some materials on record to show that there was cogent ground for according consent to withdraw a criminal prosecution......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......eah Vs. Khadem Ali Meah 29 DLR 311; Md. Zahoor Ali Khan's case 11 MIA 468.
Lawyers Involved:
T.H. Khan, Senior Advocate, with Formanullah Khan, Advocate, instructed by A. Backhar, Advocate-on-record - For the Appellants.
Mozammel Huq, Senior Advocate, with Maksudur Rahman, Advocate, inst......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127....... would not have arisen. So, in our view the respondent knew it full well that he will remain in office so long as the cadre remain in existence. The affidavit-in-opposition made out a case of service record of the respondent as bad and that he received adverse remark like bad reputation, dishonesty ......nterÂview before the East Pakistan Public Service Commission which selected him for appointment to the East Pakistan Civil Service (Executive Class II). Then he was appointed temporarily to the said service. Thereafter he was placed at the disposal of the Revenue Department for employment as Circle..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. PaÂnama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......sider, whether the High Court was justified in marking the order of attachment having regard to the provisions of Order 38, rule 5 of the Code, and there having been no averments nor any materials on record to indicate that the appellÂants were about to remove any of their proÂperties from the jur......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......sequently treated to be an application for pre-emption under section 24 of the East Bengal Non-Agricultural Tenancy Act. 2. The appellant alleged that he is a co-sharer by purchase in the holding recorded in C.S. khatian No.39 which corresponds to S.A. khatian No.34 of mouza Debnagar, P.S. Daula......is not a co-sharer in the holding and the notice served upon him would not operate as an estoppel against them. 4. The trial court found that the appeÂllant is not a co-sharer in holding and the service of notice on the appellant will not operate as estoppel against them and accorÂdingly dismi..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman LabÂour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petiÂtion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......es Ltd. Vs. Hanuman, AIR 1968 (SC) 33. 9. On the second question also the learned Counsel has pointed out that the Supreme Court of India in the aforesaid case interfered with a finding of fact recorded by the Labour Court, on the view that such finding having lacked in proper corroboration wa...... of lien imposed by the employer upon Respondent No.2 was illegal and mala fide and pursuant to such findings, directed her reinstatement in her forÂmer post with full back wages and contiÂnuity in service. The petitioner having moved the High Court in writ jurisdiction against the said order of t..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disÂposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......e sight of the accused persons by P.Ws. 2, and 4 at the scene of the occurrence is also not a new story. It is clear from the deposition of the P.Ws. in the Committing Court that the depositions were recorded short cut. No elaborate statements of the P.Ws. are generally recorded either by the commit......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disÂposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ...... On this finding the learned Judges dismissed the appeal and directed the pre-emptor to pay up the balance of consideration money with usual compensation within four weeks from the date of arrival of records of the case. This appeal is directed against that judgment. 4. Leave was granted to cons......b-section (1), (2) and (5) are quoted below:- “96(1). If a portion or share of a holÂding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89 or, if no notice has been served under section 89, with..Category: Property Law | Date: | Hits: 32
.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
......e served.
In this view the name of the Respondent No.1 is struck off. Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
..
Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....th the Customs Authorities at Chittagong for getting advance Import and Export Rot Numbers The ship arrived on April 29, 1977 and the local Agents of the ship submitted detailed manifest, both of the goods to be unloaded at Chittagong and to be retained on the ship on April 30, 1977 that Is, within ......section 156(8) and 156(89) of the Customs Acts read with section 25B of the Special Powers Act 1974; and cognizance of the offence was yet to be taken by the Special Tribunal after receiving the case record from the Sub-Divisional Magistrate. 2. The facts in short necessary for disÂposal of the......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......nd show cause notice was mandatory before passing the impugned order of dismissal.
4. So far as the first ground is concerned we find that the High Court, after discussion of all the materials on record and perusal of the records of the Screening Board has held that the provisions of Rule 7(1), ......sproÂportionate to his income and recommended the Government for his dismissal and in pursuance of that recommendation of the First Screening Board the Government disÂmissed the petitioner from his service on 26-6-75. Against the order of dismissal the petitioner filed an application before the Re..
Category: Employment/Service Law | Date: | Hits: 72
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