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SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......s. Madlena D Rozario (since deceased), wife of Ketu Rozario purchased the land appertaining to CS Plot No.177 of mouza Begunbari, PS Tejgaon, Dhaka measuring an area of 1.25 acres of land from the CS recorded owners by a registered deed of sale dated 12‑6‑1950. The name of Mrs. Rozario was duly ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......nce the injured victim Asmat Ali died at Rajshahi Medical College Hospital. 5. The police, in course of the investigation, visited the place of occurrence, prepared sketch map, seized alamat and recorded statement under section 161 of the Code of Criminal Procedure and obtained the post mortem ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......ion No.5557 of 2003. Judgment Zubayer Rahman Chowdhury J. - By this application under Article 402 of the Constitution, the petitioner challenges the order dated 1‑7‑2002 terminating his service as a probationer in the Bangladesh Police Service. 2. The Rule was issued in the follow..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above 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: 57 DLR (AD) (2005) 55. ......ant Judge), Dhaka passed in Title Suit No. 356 of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded tenant Nawab Ali was the owner of the land described, in the schedule attached to the plai......the discussions made herein above 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: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... fraud and forgery which was not proved by evidence. In cases of fraud, collusion or undue influence the onus is on the party who alleges it as such to prove the allegation. There is a presumption of good faith on human transaction as there is a presumption of innocence in criminal matter and, that ......to prepare the exhibits list does not destroy the validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds. It is now a settled principle of law that unless objection as to admissi...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......ction 561A of the Code of Criminal Procedure to the effect that the decretal land does not include the lands of the proceeding drawn up under section 145 CrPC. Thus, it is clear from the documents on record that the 2nd party opposite parties got decree from the competent civil Court in respect of t......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....was taken at the highest level of the administration the trial Court was not required to go further and sit on judgment on the decision of the Government and such decision itself prima facie supplies good ground for according consent to withdrawal of a criminal case. The learned Advocate relies upon......annexing papers and memos of the Government as annexures, stating inter alia, that the decision of withdrawal of the accused-petitioners from prosecution was taken on consideration of the material on record and opinion of the public prosecutor, Gopalgonj and recommendation of the Minister of State, ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
.... property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the property in question in good faith without notice of the original contract there is no illegality in decreeing the suit an......value without notice of the agreement for sale in respect of the disputed property. 5. The trial Court dismissed the suit on the finding that from the consideration of the evidence on record it appears that there was a 'salish' while the SCC Suit No. 88 of 1980 was pending between t......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....er, gave the work of installing 3,00,000 telephone lines to World Tel Holding Ltd. It is the first information report case that Consociates Ltd. recommended the proposal of World Tel Holding Ltd., is good enough for installing 3 lacs telephone lines. It has further been alleged there was no money sa......its the entire allegations of first information report or charge-sheet do not constitute any offence under section 5(1) and 5(2) of Act 11 of 1947. Mr. Anisul Huq also submits it is apparent from the records placed before the Court that at the end the prosecution on these materials will not be enabl......lic Servant we may trace it out from dictionary. Dictionary meaning of Public Servant is an elected or appointed holder of public office. It may otherwise be said the servants belonging to the public service come under the class of persons mentioned in section 21 of the Penal Code and includes any s..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......toration of possession of the suit properties alleging, inter alia, that the suit land originally belonged to Abdul Mollah (2), Jobdul Mollah and Sabdul Mollah and CS Khatian No.12 has correctly been recorded in their names and that Jobdul Mollah died leaving behind only daughter Moymannessa and acc......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......set Majumder, the learned Counsel appearing for the petitioner, has connected that the licences of the petitioner had been cancelled by a general notification and in doing so no valid reason has been recorded as contemplated under section 18(Ka) of the Arms Act. He has further contended that no noti......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ...... and to take action against those manufacturers as per provisions of the Act. 2. The Rule was made returnable within eight weeks from date. The rule was issued on 25.3.1999. It appears from the case record that the case was made ready for hearing on30.12.01. 3. The respondent No.4 and respondent N......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares and the. CS record was accordingly prepared and finally published. On the death of Saku Sarder his interest devo......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......of criminal offence in the matter. 7. We have carefully considered the submissions of the learned Advocates and perused the grounds taken in the application along with the documents available on record. It appears that there is specific allegation in the petition of complaint that while the pet......huge financial loss to the Bank. The accused petitioner was given opportunity to make recovery of the loans extended by him illegally but he could not succeed. Accordingly, he had been dismissed from service by initiating a departmental proceeding. As such, the petitioner accused, being Manager of t..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......endant-respondent No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations made in the plaint and claiming the property to be Government khas land recorded in khas khatian No. 1 and that during pendency of the aforesaid suit the petitioner on 28.0......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......Judge and S.S.C. Judge dismissed the suit. Being aggrieved the plaintiffs moved the High Court Division in the above mentioned civil revision and the High Court Division on consideration materials on record made the Rule absolute 4. We have heard Mr. Khandker Mahbubuddin Ahmed, the learned Co......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......arned Subordinate Judge, First Court, Gaibandha in which both the parties adduced evidence in support of their respective cases. The learned trial Court upon considering the evidence and materials on record was pleased to dismiss the miscellaneous case of the petitioner by his judgment and order dat......e lady who was living with her husband at village Bamonzol under Sunderganj Police Station and not at village Mirganj and no notice or registered card was served upon her and she was not aware of the service of summons and the result of the suit, but only in the month of Chaitra 1401 (BS) she came t..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......vocate, Mohammad Hossain, Advocate with him instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Abdur Rab Chaudhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on- record- For Respondent No.5. Not represented-For Respondent Nos.1-4. Civil Petition for Le......promotion of the respondent No.5 who is fully eligible for promotion on a regular basis, that writ petitioner having had filed an application for promotion to the Grade-I upon completion of 5 years service in Grade-II same clearly shows that the writ petition was filed for malafide purpose of del..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
...... the order of extension having been done wrongly the High Court Division committed error of law in passing the impugned order.
5. We have considered the submissions and perused the materials on record. There is no denial that the writ petitioner-respondent No. 1 was allotted with industrial Pl...... the salami within the time mentioned in the allotment letter and, therefore, applied to the Ministry of works for extension of time and the Ministry extended the time for six months from the date of service of the letter dated 23.03.1992 and accordingly the writ petitioner paid 25% salami with 10% ..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
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