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Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....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. ......p;……………(16) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate (M. A. Sobhan, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-record- For the Appellant. Serajul Haq, Senior Advocate, instructed by Aftab Hossain, A......was filed upon making statements that the writ-petitioner graduated in Civil Engineering from the Bangladesh University of Engineering and Technology (BUET) in the year 1966 and he joined in the service of Bangladesh Agricultural Development Corporation (BADC) in 1968, that on attainment of 57 ..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......ivision committed error in failing to consider that the learned Magistrate without considering the naraji petition filed by the informant against the final report keeping the same with the record directed further investigation of the case and thereby committed error. 5. M......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....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. ......wful police custody. 3. The prosecution in this case examined 14 witnesses and the defendant did not examine any witness. 4. The trial court upon consideration of the materials on record mainly on the confessional statement of accused Mafizuddin convicted and sentenced all t......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)
....7 SC 249)." 20. We do not dispute the proposition of law but in the facts and circumstances of the case since the Courts below has not found the plaint liable to be rejected for good reasons assigned, we are not inclined to take resort to the said principle of law in order to o......absolute-in-part so far as it relates to finding in respect of section 42 of the Specific Relief Act and directing the Court to dispose of the question of maintainability of the suit before recording of the evidence setting aside the order dated 27.02.2003 passed by the Senior Assistant Ju......ternal Affairs Officer of the office of the World Bank, Dhaka through a rigorous selection process for 2 years as a probationer with effect from 16 January 2000. The appellant rendered excellent service, recognized as well by the World Bank awarding her spot award salary increase and vario..Category: Employment/Service Law | Date: | Hits: 211
Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)
....fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......22.3.1998 and delivery was taken on 6.7.1998. 3. After obtaining the certified copy, the file was sent to the Solicitor's office on 1.9.1998 and the Solicitor upon perusal of the record instructed the petitioner to supply the certified copy of the judgment of the trial court and......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 133
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ...... the Transfer of Property Act terminating the tenancy so there was no relationship of landlord and tenant between the plaintiff and him. 4. The trial Court on consideration of evidence on record decreed the suit and against which, the petitioner moved the High Court Division and th......ot free from complicated question of title as such the very suit filed by the respondent is not maintainable under section 23 of the Small Causes Court Act. It is contended that the plaintiff alleged service of notice under section 106 of the Transfer of Property Act and the alleged default of ..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......uted and disregarded the High Court's order dated 15.4.2002 and 17.5.2003 passed in Matter No.2 of 2000. 6. It appears that the High Court Division on consideration of the material on record found beyond doubt that: " ......that in a very subtle and sophisticated way the ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......yed Ehsanul Hussain filed an application praying for time to enable him to file written objection but the prayer was not allowed. Thereafter, the learned District Judge after perusing the evidence on record and hearing the respondent herein passed the impugned order directing the opposite party, pet......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......ot fight shy of admitting patent facts and circumstances stand on the way of a litigant in the spirit shear litigiousness. It is not too much for a Government servant to expect at the end of his long service career to be enabled to look ahead with some short of security as to his short unknown futur..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ditional District Judge is not limited to the question of law alone, but also authorizes to examine the correctness of the decision of the appellate authority in the background of the materials on record and as such while examining the correctness of the decision of the appellate authority the D......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......ed by the Government by filing written statement stating, inter alia, that the property in suit has been acquired finally by the gazette notification and the compensation has already been paid to the recorded owners and the same was received by them. It was also the case of the Government that Gover......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..Category: Limitation Law | Date: | Hits: 189
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......ding this aspect of the case. He further submits that there are contradictions in the evidence of witnesses. 8. Lastly he submits that leaving aside of the case of Aynul Sheikh, on the evidence on record even if admitted for argument's sake, prosecution failed to prove that the death of the victi...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
.... background of the discussions we are of the view no interference with judgment sought to be appealed is called for.
Accordingly the petition is dismissed.
Ed.
This Case is also Reported in:.......
Mohammad Jahangir Faruk and others….......Respondents
Result:
The petition is dismissed.
Lawyers Involved:
Maqbul Ahmed, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-record- For the Petitioners.
Md. Nawab Ali, Advocate-on-record-For Respondent No.1.
Not repr......earance and filed an affidavit-in-opposition denying the material statements made in the writ petition and stating, inter alia, that as per clause 'Kha' of the letter of appointment writ-petitioner's service was terminable without showing any reason and the writ petitioner upon accepting the said te..
Category: Employment/Service Law | Date: | Hits: 96
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......e having been executed the property in question cannot be declared as abandoned property. 5. We have considered the submissions made by the learned Advocate-on-Record and perused the materials on record. There is no dispute that the property was leased out to one Dr. Abdul Khayrat on 28.09.1963 ......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
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