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Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)

....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......e parties voluntarily consented to the terms and conditions of the compromise petition and the High Court Division did not allow the allega­tion of restoration of the appeal to is its file and number upon vacating its earlier order dated 9.11.1999 granting probate. 6. We have hear the..

Category: Civil Law | Date: | Hits: 114

Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)

....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......question doubtful and the High Court Division correctly found that the bainapatra is not a genuine docu­ment. Mr. Bhuiyan further argued that in the schedule of the bainapatra the R.S. Khatian number was overwritten by different ink and hand. He further argued that the respondent Nos. 1 and ..

Category: Property Law | Date: | Hits: 31

Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)

....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......was to be calculated immediately after six Assistant Engineer of 1978 Batch who were also absorbed under DESA along with respon­dent No.1. In the appointment letter dated 08.12.1978, the serial number of the respondent No.1 was at 104 while in total 106 Assistant Engineers were appointed by t..

Category: Employment/Service Law | Date: | Hits: 82

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ......94. The respondent was then posted to the Finance Division as Senior Assistant secretary which was equiva­lent to the position he was holding at the time of his removal. The respondent's batch mates numbering 25 were holding the post of Joint Secretary and the respondent being the first of his batc..

Category: Administrative Law | Date: | Hits: 138

Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)

....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ...... Judge, at Gouripur Upazilla for permanent injunction against the defendant respondent stating, inter alia, that one Ahmed Ali Khalifa, the C.S. recorded tenant of 0.6 acres of land in C.S. Khatian number 66 sold the same to Fida Hossain and Noor Mohammad who owned and possessed the same for mor..

Category: Property Law | Date: | Hits: 23

Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)

.... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......lization of revenue could not be attained and that the said failure was a misconduct on the part of the writ petitioner, that writ petitioner's contention that because of not hav­ing sufficient number of employees the target fixed by the authority could not be reached was not correct, since t..

Category: Employment/Service Law | Date: | Hits: 69

Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)

....d 25.6.1997 and Graduates of Dhaka University were asked to be enrolled by 31st July, 1997. By successive notifica­tions the present appellants extended the time of registration of Graduates as voters without showing any reason whatsoever. Respondent No.1 in the writ petition issued instruct......res will cause the results of the election to be declared. Sub-Section (16) of this Article provides that the Vice Chancellor shall declare 25 candidates securing in order of succession the highest number of valid votes. 8. So from this it is very much clear how and in what manner 25 repr..

Category: Civil Law | Date: | Hits: 98

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......motive may be a matter for considera­tion, specially when the case is based on circumstantial evidence." 14.  The High Court Division gave much stress on the acquittal of number of accused persons by the trial court disbelieving the evidence P.Ws.  in part. Learned..

Category: Criminal Law | Date: | Hits: 84

Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....six mouzas are within Dorajhat Union Parishad and Dohakula Union Parishad. The aforesaid 2 union parishad are in existence for last hundred years and the inhabitable of those villages continued as voters of Union Parishads as a political unit. By the impugned order only a part of six villages ha...... for delimitation of the remaining area of those mouzas; that dur­ing the C.S. operation boundary of a mouza has been demarcated considering the various factors and each of the mouzas had been numbered in the jurisdiction list as J.L. number and without the process of State Acquisition and T..

Category: Property Law | Date: | Hits: 22

Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)

....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......ent regularly. The suit land was wrongly recorded in the name of Ishaque alone in S.A. Khatian No. 124 leaving out the heirs of Mohammad Ismail and there was fur­ther mistake in respect of the number of S.A. Plot No. 244 in place of 1696. Taking advantage of the wrong entry in the S. A. Khat..

Category: Property Law | Date: | Hits: 34

Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)

....ub­stances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......f as only witness and in support of his case he filed the amolnama, kabala and Khatian. On the side of the defendants they examined 3 witnesses and produced bainanama, two kabala deeds, one DCR, a number of Khatians and a number of rent receipts in support of their case. It is the plaint case th..

Category: Property Law | Date: | Hits: 21

Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)

.... sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......pieces of docu­mentary evidence, contained in the records of Title Suit Nos.319 of 1961 and 244 of 1966 as also exhibit-7, showing that the mutation Case No. 100 of 1970-71 is a fictitious case number and no such case was in existence since in the relevant year only 78 cases in total were fil..

Category: Property Law | Date: | Hits: 23

K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)

....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......affidavit, deed of agreement and other connected documents together with the original documents in usual course of banking system. In course of whole trans­action the defendants demanded for a number of time the statement of account of the principal amount so far paid by the defendants to th..

Category: Banking Law | Date: | Hits: 97

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ...... the Matsya Union), the Rajasthan Union, Saurashtra (as both these Unions stood on the 22nd July, 1948), and the States of Bharatpur, Alwar, Bikaner, Jaipur and Jodhpur." He also referred to a number of other modifications issued by the Central Government on this subject. In this connection r..

Category: Property Law | Date: | Hits: 28

Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)

....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......ovisions of section 21 of the General Clauses Act which clothed him with power to amend such Rules. (d) The High Court Division erred in overlooking the fact that a very negligi­ble number of teachers took departmental examination held for absorbing them as officers of the Dire..

Category: Employment/Service Law | Date: | Hits: 122

Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)

.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ...... on 6.9.1983 the appellant filed Execution Case No.30 of 1983. Subsequently the above execution case, being transferred to the Court of Subordinate Judge (now Joint District Judge), Gazipur, was renumbered as Execution Case No. 13 of 1985 and then sale deed was executed and registered on 13.5.19..

Category: Civil Law | Date: | Hits: 71

Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)

....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......pleased to reject the same on the ground, that the Miscellaneous Case was dismissed for non-payment of C.P. cost and thus, there was no scope for restoration of the appeal to its original file and number by his order dated 15.07.1998. 7. As against order dated 15.07.1998 passed by the lea..

Category: Civil Law | Date: | Hits: 85

M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)

....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..

Category: Property Law | Date: | Hits: 42

Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)

.... substance in the sub­missions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......le manner for which the Kadianies namely the supporters of Ahmadia Jamaat have already been declared as non Muslim by Parliament of Pakistan, Iran and by the Government of Saudi Arabia; In of good number of decisions of the highest Courts of different Countries, the followers of Ahmadia Jamaat h..

Category: Constitutional Law | Date: | Hits: 114

Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)

.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 970. ......and from Haji Abdur Raquib and the plaintiff and thereafter, transferred the same to his daughter-in-law but in fact the plaintiff and Haji Abdur Raquib Ali never sold the plot of the disputed dag numbers to Siddique Ali and hence Efatunnessa never got any title by way of purchase from Siddique ..

Category: Property Law | Date: | Hits: 29