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Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......Police Station have been completed and the area of 1589.8925 acres in mouza Parabarta and Borokaw of Kaligonj Police Station under the district of Gazipur is part and parcel of the project which is number process of acquisition and as such notices under Section 3 of the Ordinance have been serve..Category: Property Law | Date: | Hits: 31
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......hy;mentary, has established her possession in the land in suit and the papers filed by the defendants in support of their claim of possession in the land in suit are not related to the holding number of the land in suit, that plaintiffs suit is not bad for defect of party, that the plaintiff..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......have been instituted merely because of the existence of some defects or irregularities in the matter of signing and verification of the plaint." The decision cited above then refers to a number of decisions in support of the above view which also commends to us. 20. We, therefore, ho..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......Form 'K' from all the Polling Stations, shall consolidate in Form 'L' the votes of each of the contesting candidate and shall declare to be elected the contesting candidate who receives the highest number of votes. In this case the statement in Form 'K' from the Presiding Officer of one of the P..Category: Election Law | Date: | Hits: 126
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......vour of the auction purchaser who had to pay in total Tk. 41,13,750/00. 3. The plaintiffs filed Title Suit No. 555 of 1985 in the First Court of Subordinate Judge, Dhaka which was, on transfer, re-numbered as Title Suit No. 269 of 1987 in the 3rd Court of Subordinate Judge, Dhaka. There were thre..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......g income-tax clearance certificate and on payment of capital gains tax, etc. Defendant No. 2 on behalf of defendant No. 1 also handed over a sheet of plain paper containing the Khatian and plot numbers of the suit land to enable the appellant to make an enquiry if he so likes. Defendant No. 2 ..Category: Property Law | Date: | Hits: 50
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......erefore, clearly of the view that sec. 339C of the Code is applicable to the proceedings as to trial of the appellant under the Act. 9. Learned Advocate for the appellant has referred to a number of decisions in support of his contention, but none of the decisions has got any direct bea..Category: Criminal Law | Date: | Hits: 58
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......r he was placed in the scale of Tk. 1850-2375 on the National Pay Scale with effect from 1987; that he reached the highest slab of the scale in 1982; that according to the provisions of memorandum number MF/FD(IMP)3-l(G)/83/12 dated 23.01.1985 he become eligible to get time scale and one an..Category: Employment/Service Law | Date: | Hits: 136
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. .......01.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1635 of 1995 rejecting the application for restoration of Civil Revision No. 1635 of 1995 to its original file and number. 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 ..Category: Property Law | Date: | Hits: 31
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Kormokorta (Education) as presiding officer for conducting the election of the managing committee of the Madrasha scheduled to be held on 10.09.2002 and that there being required minimum number of nomination papers filed for formation of managing committee the presiding officer su..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....-petition, are to the effect that he was elected Chairman, Managing Committee of Upazilla Central Co-operative Association Ltd. Khetlal, Joipurhat (herein after referred to as Khetlal UCCA Ltd.). A voter list was prepared and Published for election of the Managing Committee of Khetlal UCC Ltd. Jo......ction symbol. The election was held on 02-10-2003 and after counting of votes, the election committee in presence of the candidates declared the result in which the petitioner got the highest number of votes and accordingly he was declared as elected Chairman. The newly elected Managing Com..Category: Constitutional Law | Date: | Hits: 162
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......selection on the basis of merit and in the instant case also and the petitioners i. e. the writ respondents were selected on the basis of merit. It was further stated that in case of excessive number of candidates there was, under the rule, necessity of holding examination but in the instan..Category: Employment/Service Law | Date: | Hits: 86
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ondent No.4. However, consequent upon the petitioner's representation to the authority, the order dated 10-1-1996 was substituted by another order (Annexure-C to the writ petition) bearing the same number and date as the earlier order i.e. order No. 29/96 dated 10-1-1996. By a subsequent order da..Category: Employment/Service Law | Date: | Hits: 59
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......hat defendant No. 16 who is a stranger as well as other strangers are in possession of some portion of the suit plot since their purchase, that defendant No.1 and his wife have "accommodated a number of strangers in the suit plot long after the plaintiff's purchase", that entire suit p..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... Companies Act,1994 regarding the tenure of directors of a public limited company or their reelection except the provisions of section 91(2) which provides that not less than one-third of the whole number of directors of a public company shall retire by rotation in a general meeting; the Bank Com..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ed 14-11-2005 marked as Exhibit-15/1 and submits that from the house, the place of occurrence of the conspiracy, 31 items were seized on 16-11-2005, within two days of the occurrence which included a number of books containing exciting message for movement to introduce Islamic law, registers of dele..Category: Criminal Law | Date: | Hits: 213
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... and acted upon the Government assurance and imported sugar because of the exemption that was granted and now the Government is estopped from denying such position. 16. Mr. Rafique-ul-Huq cited number of decisions such as BLD 1981 (AD) 91, AIR 1968 (SC) 718, AIR 1979 (SC) 621 and BLD 1981 (A..Category: Fiscal/Taxation Law | Date: | Hits: 153
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......falsely identified in the dock by P.W 6, Tofazzal Hossain of Tofazzal Trading at the instance of the interested Bank Officials. 5. At the trial 8 witnesses were examined by the prosecution and a number of documents proved. Upon a consideration of the evidence on record and the circumstances of ..Category: Criminal Law | Date: | Hits: 52
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......in one of the Polling Stations in connection with the election to the office of Chairman of Nalua Union Parishad, Satkania. 2. Election for the office of Chairman was held on 10 February 1988 in a number of Polling Stations or Centres, but dispute arose in respect of two centres, namely Morfala..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......mbents with a condition that 170 employees would be directly transferred to the revenue budget and remaining 684 personnel would be transferred to the revenue budget by surrendering same number of vacant post from the revenue budget of Ministry of fisheries and in the meantime some of ..Category: Employment/Service Law | Date: | Hits: 56