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....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......r filed on earlier occasion another Writ Petition No.7327 of 2006 in the name of Public Interest Litigation (PIL) challenging the Government's decision to upgrade the Legislative Drafting Wing into a full fledged Division. He has, in reality, filed that writ petition at the instance of some other in...... Services Pool Order, 1979 was repealed vide SRO No. ২৬১-আইন/৮৯/সম (বিধি-২)/এস.এস.পি-১/৮৯ dated 17.07.1989, which however retained the aforesaid percentages in the appointments in the posts of Deputy Secretary and above including the post of Secretary ..
Category: Constitutional Law | Date: | Hits: 207
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......respectively in the year 1963. After the demise of Nuruzzaman in 1972 leaving no wife or children his portion of the land was recorded in the name of Nazmen Nur Begum, respondent No.7 and his 3 other full brothers and 4 sisters. That the respondent No.7, his mother and 7 full brothers and sisters ......roperty in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a registered deed of Arpannama dated 01.05.1914 wherejn the ancestors of the petitioner have given the management of the property in deity by Managing Sebayet. After transfer of C.S. Plot No.65 to the deity..Category: Tenancy Law | Date: | Hits: 214
Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD)
.... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ..Category: Constitutional Law | Date: | Hits: 228
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ...... June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No remand order can h......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......urchased in the name of Balaram Banik by two deeds dated 15.1 1.1980 and 11.11.1982 out of their joint income and accordingly, they had been jointly possessing the same; that Mondan Mohan was their full brother, his share has been purchased in the name of Balaram by registered deed dated 02.08.19......ror in law in treating the suit lands as the joint property of me plaintiff and the predecessor of the defendant Nos. 1-3 without properly evaluating the evidence on record which has caused miscarriage of justice; that Balaram, predecessor of the defendant Nos. 1-3 was the Karta of the joint fami..Category: Property Law | Date: | Hits: 99
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......enior Assistant Judge, Sadar, Jessore for partition to the suit land alleging, inter alia, that the suit land belonged to Danu Moral before C.S. operation, who married twice and out the first marriage, he two sons namely, Budhai and Tofel and one daughter Kulsum Bibi and on the death of his firs..Category: Property Law | Date: | Hits: 90
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......endered before the trail Court and thereafter on being enlarged on bail for a limited period did not surrender after expiry of the period of bail instead absconded. Accused petitioner No. 2 is his full brother and both of them are living in adjacent houses and both of them are aware of the case ......ay. 4. Mr. S.N. Goswami, the learned Advocate for the petitioners submits that the accused Petitioner Md. Akhlas Hossain was totally unaware of existence of the case against him and at no stage of the proceeding a warrant of arrest order of attachment was served upon him. It is the princi..Category: Criminal Law | Date: | Hits: 126
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... the Court had jurisdiction to go into the question whether the award and decree were without jurisdiction and the order of the High Court remanding the case for a decision in accordance with law was fully justified." 26. Mr. Mahmudul Islam, learned Counsel appearing before this Court has endors......r expression that has been used in 19Gha must bear the same meaning and cannot include this Court as was done in respect of Rule 19Ka and 19Kha. Mr. Khondker has also referred to 19Uma where the language employed by the framers of the law as under: 19E. The nature of the order of the courts or t..Category: Criminal Law | Date: | Hits: 101
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ...... the petitioner No.1. 5. The Construction was completed on 30.06.2004 and the respondent No.1 was paid the contractually agreed amount of Tk. 33,61,46,298.00/-. 6. After accepting the full payment of Tk. 33,61,46,298.00/- in accordance with the said agreement date 30.03.2000, the r......m in relation to loss of goodwill was rejected. In relation to first head of claim (i.e. Increase of Contract price) the Tribunal awarded Tk. 46,26,89,946.31/-. The Arbitral Tribunal awarded the damages to the respondent No.1 on the basis of the rate at which a Russian firm (i.e. Technopromexpor..Category: Alternative Dispute Resolution | Date: | Hits: 344
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930....... of the Waqf Deed, also executed a deed appointing him as the sole Mutawalli in his place and after his appointment, he, as Mutawalli, had several meetings with the beneficiaries and hence they had full knowledge of his acting as the Mutawalli of the waqf estate; however the petitioner, by order d...... waqf was enrolled as EC-150335, on 7.3.1966 the waqif died leaving behind his heirs; after Justice M.R. Khan, who acted as a Senior Mutwalli died in the year 1990, the respondent No.9 could not manage or perform his functions and the respondent No.10 somehow started managing the waqf estate on ..Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......UK applied for allotment of plots. On the basis of their applications the RAJUK issued formal allotment letters in their favour. Pursuant to the allotment letters the respective petitioners paid in full the royalty/premium to the lessor namely RAJUK and after satisfaction the lessor namely RAJUK e......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..Category: Property Law | Date: | Hits: 79
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......nt, namely, the Board of Revenue, must be conceded. The attempt of the Bureau of Anti-Corruption to make the enquiry into and investigation of the alleged offence, therefore, seems to be premature. I fully agree with the views of the Board of Revenue in this respect. 7. Before conclusion, I cann......f a Government notification when it is being carried out by the Customs Authority as improved by the prosecution of the Customs Act itself...............(2) Customs Act has assigned the role envisaged under sections 80-83 only to a Customs Officer who is kingpin of the entire enactment............Category: Fiscal/Taxation Law | Date: | Hits: 129
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......er alia, that after completion of academic career the petitioner appeared in a competitive examination arranged by the Bankers Recruitment Committee for recruitment of probationary officers, successfully qualified in the said examination and was appointed as probationary officer grade VI un......s in due course honestly and sincerely. The petitioner was transferred to Jessore Principal Office and was released from Khulna Branch on 08.10.1994 and thereafter to Khulna New Market Branch as Manager and in 1995 he was again transferred to Principal Office, Khulna. 6. While working as P..Category: Administrative Law | Date: | Hits: 423
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......of the writ petitioners as appearing against their respective possession in their respective case lands in the draft records of right challenging their tenancy and that the revenue authority after full-fledged hearing rejected the objection of the leave petitioner and being aggrieved there-again......vision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and other..Category: Property Law | Date: | Hits: 67
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......town by purchasing a Bashabari for the sake of his profession. 6. It was also stated that Dr. Safar Uddin Ahmed and Kamar Uddin were very much close and affectionate to each other, just like full brothers. Dr. Shafar Uddin Ahmed is permanently residing in Sylhet town and in case of any nec......uch close and affectionate to each other, just like full brothers. Dr. Shafar Uddin Ahmed is permanently residing in Sylhet town and in case of any necessity and social functions he visits the village home. The entire homestead and all other family properties were under the control and managemen..Category: Property Law | Date: | Hits: 33
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......te friend of the plaintiff and also negotiated and settled the price of the suit land and the plaintiff in good faith did not demand the receipt of the payment. Defendant No.1, Falani Begum was the full sister of aforesaid Magrab Ali who assured and promised the execution and registration of the ...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..Category: Property Law | Date: | Hits: 38
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......eparate saham in respect of 2.05 acres of land instead of 3.481/2 acres of land holding that the defendants are the heir and successive heirs of Kifayet Khan, Mal Khan and Mobe Khan who were none but full brothers of Salamat Khan, the paternal grandfather of Achimunnessa as evidenced by records incl......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..Category: Property Law | Date: | Hits: 31
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......aining 4 tenders were found and reported to be non-responsive and defaulters to comply with the requirements of tender and in furnishing the necessary/required papers and documents including the "full particulars of the contractor's RHD registration book" which was decided at the 70th (2002-2003...... influence the employers processing of tenders or award decisions may result in the rejection of his tender' and in the circumstances, when the writ petition was filed, the writ-respondents were engaged in the process of evaluation of the tenders submitted which was not yet finalized and no lega..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......essional soliloquy is an expression of conflict of emotion, a conscious effort to stifle the pricked conscience; or an argument to find excuse or justification for his act or a pertinent or remorse full act of exaggeration of part in the crime; or a joyous perception for the act is a direct piece...... the officers and that at about 3/3-30 A.M, Major Farooque Rahman again came and as per his direction the officers and the jawans boarded into the tanks and then the tanks were removed from the garage and were kept in queue position at the signal gate. Thereafter Farooque Rahman boarded in a tan..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... 345. Mr. Anisul Huq, the learned Counsel for the respondent, pointed out with deep voice that, prosecution, with a view to get justice and to see rule of law has been established, unsuccessfully moved from Court to Court in High Court Division with heavy pain and agony, with humiliation ...... 15th August, 1975, hearing about the killing of the President from Col. Shafayet Jamil, how a Police Officer of the local Police Station driven out the P.W.1 A.F.M. Mohitul Islam with filthy language refusing to record F.I.R. from him apprehending threat on his life and service, which came true..Category: Criminal Law | Date: | Hits: 229
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