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The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ......cause of shaping the destiny of the nation by recruiting and importing knowledge to the students admitted therein to enable them to hold the rein of the leadership of the ration. In the instant case the student-respondent who was admitted in the Honours class in 1988 having regularized his sub......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......llate Court on 27.11.1968 for re hearing and disposal of appeal on the evidence on record. After remand both the parties filed the compromise petition to allow the appeal with direction to remand the case to the trial Court to enable the parties to prove certain documentary evidence and accordingl......laintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of possession if found to be out of possession stating, inter alia, that the suit land comprising of Schedule 1 and 2 recorded in C.S. Khatian No.2 and 2A originally belonged to on..Category: Procedural Law | Date: | Hits: 112
Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)
....its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ...... plaintiff has not stated anything regarding the present possession of the suit property in its evidence. Its alleged lessees defendant nos. 1-5 filed a written statement but did not contest the case. The lower appellate court found defendant nos. 6-8 to be in possession on consideration of the......ssed the question of possession at all. 3. The lower appellate court in fact discussed this issue. The plaintiff stated in the plaint that its allottee 7 R.E. Battalion left the suit land 5/6 years before filing of the plaint but it has not been stated how the plaintiff has been con..Category: Property Law | Date: | Hits: 45
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....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. ......ff in Title Suit No. 222 of 1992 has claimed that the suit land appertained to C.S. plot no. 312. Both the suits were for declaration of title and for recovery of khas possession. 4. The case of Md. Safiullah as plaintiff of Title Suit No. 93 of 1985 and Defendant of Title Suit No. 222 ......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 land is ½ decimal of land with a shop on the same and both the parties claim ownership o..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....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. ......ule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy Commissioner, Naogaon were impleaded as defendant and proforma defendant respectively. The case of the plaintiffs, in short, is that 'Ka' and 'Kha' schedule suit lands origina......he Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy ..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......e, is directed against the judgment and order dated 06-06-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 372 of 1998 making the Rule absolute and thereby remanding the case to the appellate court below with a direction to dispose to the application dated 20-4-1995 and......t to prove his case". 3. Facts of the case, briefly, are that the respondent as pre-emptor instituted a Miscellaneous Case No. 7 of 1992 for preemption of the case land under Section 96 of the State Acquisition and Tenancy Act as contiguous land owner by inheritan..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....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. ...... dated 22.07.1999 as a fresh cause of action and in holding "writ petition is a device to side track a proper and legal process obviously to ignore the order of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction ......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)
....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. ......tigation submitted charge sheets against the petitioner and the Thana Magistrate, Adamdighi accepted the charge sheets and the petitioner has been allowed bail by the learned Sessions Judge and the cases have been transferred to the learned Divisional Special Judge, Adamdighi, Rajshahi for trial. ......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
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......at accused respondent Abul Kalam was privy to the offence. After investigation charge sheet was submitted accordingly against the accused including the respondent Abul Kalam. 3. The case being sent for trial, the Additional Sessions Judge framed charge against eight accused includi......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ..Category: Criminal Law | Date: | Hits: 92
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....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 ......nbsp; Information Report was lodged, whereupon Pabna Police Station (PS) Case No. 11 dated 22-12-1991 was started. 3. Police, upon the said F. I. R took up the investigation of the case and thereafter submitted charge sheet under the aforesaid sections and trial was held in his ab......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)
....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. ......to the informant's brother Shuheb snatched away the money while informant tried to obstruct the accused persons terrorized him by showing pistol and that upon the said F. I. R police investigated the case and submitted charge sheet against the petitioner and others under sections 143/ 341/ 326/......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
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......the petitioner in his original post with arrear salaries etc. 3. The Administrative Appellate Tribunal in its turn considered the facts and circumstances and materials on record and found that in case of reduction of the post and pay scale of an Employee Rule 58 of the Regulation applies accordi......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......od of 2 years more as passed by the learned Additional Sessions Judge, 3rd Court, Rajshahi, in sessions Case No. 118 of 1985 by the judgment and order dated 17-11-1997. 2. The prosecution case in brief is that on 10-12-1984 at about 6.30 A.M. Rafatullah (deceased) the father of the......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 99
Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)
....ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ......gainst the order of the learned Additional Sessions Judge rejecting application filed under Section 265C Cr.P.C. There are materials on record where-from it is seen that prosecution has a prima facie case to proceed against the accused-petitioner. 5. The learned Advocate for the peti&sh......ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 90
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....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 ......d subscription of Tk. 30,000/- from Shahajuddin Bepari and he refused to pay and for which those persons forcibly caught and took away fishes from his tank and accordingly Shahajuddin filed C.R. case against the aforesaid persons. The said case was, however, ended on compromise by the part......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
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ...... assaulted the victim at the head with a piece of stone in his hand, the other accused also assaulted the victim and the victim succumbed to such injuries caused by stone and other weapons. In this case a piece of stone can be termed as a weapon of offence under section 324 of the Penal Code&hel......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... 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 ......passed by the High Court Division in Writ Petition No. 2095 of 1999 discharging the rule issued against the judgment and order dated 9.5.1999 passed by the First Labour Court, Chittagong allowing the case in part in Complaint Case no. 14 of 1993 whereby the second party appellant was directed to pay...... 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)
....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: .......1.1996 to the Finance Minister for granting permission to import 500 tons of duplex board on an undertaking to re-export those within two years from the date of the release of the consignment and in case of failure to re-export, to pay on demand, twice the amount of import duty as may be leviable t......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)
....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. ......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 their predecessor in inter......ssion 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 their predecessor in interest Amir Ali who died leaving the plaintiffs as his..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......ts below dismissing the suit for permanent injunction for restraining the defendants from interfering with the possession of the plaintiff in the suit land. 2. The plaintiff’s case, in short, inter alia, is that the disputed land appertained to C.S. Khatian No. 208 of Mouza J......ing aside the concurrent decrees of the Courts below dismissing the suit for permanent injunction for restraining the defendants from interfering with the possession of the plaintiff in the suit land. 2. The plaintiff’s case, in short, inter alia, is that the disputed land ap..Category: Property Law | Date: | Hits: 43
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