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Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......parte decree. The defendants thereafter filed a Misc. Case No. 45 of 1985 under order 9 Rule 13 C.P.C for setting aside the said ex parte decree and ultimately got forged decree set aside. In the meantime the decree-holder put the decree into execution and got delivery of possession. 6.&...... possession against the respondents on the allegations interalia that he is the owner of the suit property. The respondent no. 1 filed Title Suit No. 93 of 1985 for declaration of title and recovery of khas possession on the self same ground of ownership. 3. The area of suit la......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....ive and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......their predecessor Uzir Mondal was ill and as such could not get land recorded in their names. The trial court found that defendant's two elder brothers, Mahir and Lahir were aged 28 and 20 at the time of S.A. operation. So according to defendant's own case if their father was ill at the time......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 63
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....ingly, 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. ...... Chittagong. In the impugned order it was stated that the same was issued in the light of an order passed in Civil Revision No. 1207 of 1999. The Civil revision was pending at the relevant time. 3. Respondent Nos. 2 and 3 filed Other suit No. 280 of 1987 in ......bsp; 16. Accordingly, 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. ......bsp; 16. Accordingly, 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: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....ver, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......eedings against him cannot sustain being barred under the principle of double jeopardy. 5. He then submits that there being no sanction to prosecute the petitioner who was a public servant at the time of occurrence the proceedings are liable to be quashed and, therefore, the High Court Divisio......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 94
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....he explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......g inter alia, that on 22.12.1991 at 7 P.M. the brother of the informant Abdus Salam Biswas was selling medicine in their shop named Shama Pharmacy at Hospital Road, Shalgaria, Pabna and at that time one Panna Bisws came to him and demanded 'Chanda' and he denied to give it and the......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ..Category: Criminal Law | Date: | Hits: 89
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
.... decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......the FIR and the offence comes within the purview of section 4 and 8 of the Jana Nirapatta (Bishesh Biddan) Ain and provision of Section 3 of the Act prevail over all other acts which are for the time being in force. 6. Having considered this aspect, the learned judges of the ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 81
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....nd all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......ng to see the dead body. 3. Then the informant along with her son Belial went there and recognised the dead body of her husband by identifying the wearing clothes of her husband. At that time Nuruddin Member, Ajmat Member, Sakandar Talukder, Ratan Mia, Mohammad Ali Sikder, Razain Praman......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ..Category: Criminal Law | Date: | Hits: 121
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......party petitioner case that first party-respondent No. 1 used to be engaged as and when required for specific days, at specific rate and against specific vessels, calling at Chittagong port, from time to time ,for which the petitioner acted as local agent engaged as a daily rated employee.&...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....vant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ton and in this way the export is being made. Locally made duplex board is inferior and less durable than those imported from South Korea. The aforesaid Japanese importer asked the respondent, many a times, to use Korean duplex board in the inner and master carton to maintain the standard of quality......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......m Mojibur Rahman, predecessor of the defendants and agreed to make settlement of the property in exchange and that Amir Ali gave direction to his heirs, the present plaintiffs who were minors at that time except Mujibunnessa and Dilzan Nessa, the two wives of Amir Ali, to execute necessary docu...... declaration of their title and confirmation of possession and alleging dispossession from the suit property. During pendency of the suit a further prayer was made by amendment of the plaint for recovery of possession. The case of the plaintiff respondents was that the suit lands belonged to th......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....nt reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... case in writing. It appears that the appellant in pursuance of that notice appeared before the Arbitrator and submitted their statement of claim. On the other hand, the respondents though prayed for time but subsequently they did neither file any written Objection nor participated in the proce...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....bove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ...... Competitive Examination, that the Inspector General of Police appointed some Inspectors of Police to officiate as Assistant Superintendents of Police on different dates between 1984 and 1990. At one time the Government approached the Bangladesh Public Service Commission for the purpose of regulariz......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....uestion of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ...... judgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth hav......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....ault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......s 1-3 who were respectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of Kha schedule land after evicting the defendants Nos. 47-49......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....d as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......import of the missing items at the costs of the defendant was not acceptable to the defendant who requested the plaintiff to lift the contracted goods repeatedly. The plaintiff asked for extension of time which was allowed but even then the plaintiff did not lift the contracted goods. The......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....als on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......intiff is required first to prove that the suit land is ejmali and the parties are enjoying the land in ejmali. The High Court Division further held that in the plaint it was stated that within short time of taking pattan Abdur Rahim and Nur Ali became separate and started living separately by raisi......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....s. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ...... the suit and same is the case in the appellate Court as well. No such point as urged was ever urged in the High Court Division and before this Division. But in review the petitioner for the first time has ever urged the point as to maintainability of the suit. 10. We have perused the rec......d an ex parte decree to that effect which was maintained upto this Court but the defendants did not vacate the suit property and hence the plaintiff was compelled to file the instant suit for recovery of khas possession. 4. In Civil Appeal No. 86 of 1997 leave was granted in Civil Pe......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
.... Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......-by him to the 2nd show cause notice the authority by the Memo, impugned in the writ petition cancelled writ petitioner's LPR benefit and other benefits allowed to enjoy. 6. At the time of issuance of the Rule the High Court Division by the order dated January 17, 2000 stayed the ......d in that state of the matter he was allowed to enjoy the privilege of LPR. 5. In due course, 2nd show cause notice mentioning the proposed punishment of dismissal from service and recovery of an amount of Tk.66,11,461.90 from him was issued and he replied to that. Finally being n......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......also found that the confessional statement of accused Mafizuddin was not true and voluntary as he was not produced before the Magistrate who recorded the confessional statement within reasonable time after his arrest and the manner of occurrence as given in the confessional statement is not con......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....ion and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......gment and order of the High Court Division is liable to be interfered with by this Court. The learned Counsel lastly submitted that the Advocate of the defendants argued at the time of hearing of the application under Order VII rule XI of the Code of Civil Procedure before the...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
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