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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. ...... 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. ...... The authority constituted one man enquiry committee and the enquiry officer after giving personal hearing to the appellant submitted his report on 12 September, 1994 observing that there was shortage of employees and that with increase of manpower the activities with regard to system loss ..Category: Employment/Service Law | Date: | Hits: 69
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......he school certificate it appears that the victim Mamota Karmaker is still a minor and as such she can not be confined even at the direction of the learned Sessions Judge only for determination of her age which has already done and (iv)whether in view of the consistent of the higher courts of the sub..Category: Criminal Law | Date: | Hits: 34
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....correct 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) 229. ......rty Nos.3-27 and others raying for a decree for declaration of title and recovery of khas possession in the suit land as described in the schedule to the plaint stating, inter alia, that two full mothers, namely, Firoz Ali and Hasan Ali were owners of the suit land. Hasan Ali transferred h......g a hut has been residing in Plot No.2 of the suit land as a licensee. The further case of the plaintiff is that the defendant No.1 used to look after all the affairs of Firoj Ali and taking advantage there of the defendant No.1 got his name recorded in the Khatian and subsequently when the ..Category: Property Law | Date: | Hits: 23
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......aving behind three sons namely Mukunda, Bipin and Manindra and after the death of Mukunda and Bipin the entire property devolved up Manindra; in the year 1972 Manindra who was ailing due to his old age brought the plaintiff to his own house and since then the plaintiff had been residing with..Category: Property Law | Date: | Hits: 22
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....ection 89 of the State Acquisition and Tenancy Act or without any knowledge of the petitioner. Petitioner filed 2 (two) separate case for each transfer as stated above; the petitioner is a married woman living with her husband; she came on Naiyor to her father's home and came to know about ......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......above named heirs; thereafter on the death of Rahima Bibi pre-emptor petitioner opposite party Nos. 3 to 6 inherited the property of Syed Ali; the pre-emptor petitioner was given in marriage to one police officer by her brother opposite party Nos. 3 and 4, pre-emptee opposite parties c..Category: Property Law | Date: | Hits: 25
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. ......e Karta of Joint Family and that was acquired out of the joint family income. Both brothers got possession. Ram Krishna Sana died leaving behind his widow Billa Dasi and one daughter Laxmi Dasi and full brother Mohim Sana. There was a partition amongst the landlords and the suit land fell in the ...... at the trial. One Bidhan Chandra Sana, son of Nilkrishna Sana claiming him to be attorney of the present petitioner filed the suit on 22.11.1993. it appears from the evidence of P.W.1 that he was aged about 28 years old on 10.06.1998 but the P.W. 1 failed to adduce any evidence about legality a..Category: Property Law | Date: | Hits: 23
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. ......with large powers to protect the rights so vested in him. Any further rights created in respect of these properties by any other authority, e.g., by act of allotment of a rehabilitation authority are fully within the scope of the Custodian's protective power. And it is to be noted that the time when......plication No. 34 of 1960 and review application No. 73 of 1960. It has arisen in the following circumstances:— 2. The property in dispute is 366 Kanals and 4 Marlas of land situated in village Kot Mathra Dass, Tehsil Chunian, District Lahore. It belonged to respondent No. 2 Gurbaksh Lal S..Category: Property Law | Date: | Hits: 28
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ...... only entitled to a vested right to be assessed as per the SRO prevalent at the time of opening of the Letter of Credit which provided for exemption of the rate of custom duty either in part or in full as per section 19 of the Customs Act and not in respect of any SRO issued under section 25(7) ......petitioner an amount of Tk. 1.51.810.69/- paisa in excess. The writ petitioner then released the goods on payment of this excess amount under protest to avoid extra liabilities by way of demurrage and interest. But in spite of repeated representations by the writ petitioner for refund of the..Category: Fiscal/Taxation Law | Date: | Hits: 75
Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)
....e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ......ry, the learned Counsel for the petitioners in all the cases and perused the impugned judgment and other connected papers. 5. In this case 306 employees of the TCB have been released on payment of full financial benefits as per rules from their services on the ground that their services were no l......e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ..Category: Employment/Service Law | Date: | Hits: 73
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ...... considering that the doctrine of propinquity of blood is the guiding principle for the law of inheritance under personal law. In the present case Nanibala is the daughter of the deceased last full owner and Nanibala sold her life interest in favour of Moniruzzaman by kabala dated 24.12.1980......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 121. ......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 121. ...... 2. The petitioners filed the above writ petitions stating that following the independence of Bangladesh, the Shilpa Bhaban situated at 91 Motijheel Commercial Area, Dhaka, was under the management and control of different bodies at different times and 19.10.1991, following a decisio..Category: Civil Law | Date: | Hits: 84
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ......hulna originally belonged to and held by Gurudas Datta, Girish Chandra Datta alias Kanailal Datta and Sirish Chandra Datta. Aforesaid Gurudas Datta and Sirish Chandra Datta died leaving their full brother Girish Chandra Datta as legal heir who mutated his name in 16 annas share vide Misc. C......ot No.654 to the defendant No.1 since 8/9 years back for creation of pan baraj there and present plaintiff also renewed the said lease; the defendant No.1 for illegal gain to grab the suit land managed to put the suit land in auction in collusion with the staffs of the office of defendant No.2 a..Category: Property Law | Date: | Hits: 26
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......ruling BNP Jamat 4 party alliance. The petitioner has been discharging his duties and functions as the elected Chairman of Surma Union Parishad honestly, sincerely, properly and diligently and with full satisfaction of all concerned except his local political rivals including the local member of......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 32
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ...... duties and taxes on the basis of C & F value. But the respondent No.2 directed to assess on the basis of tariff value at the rate of U.S. $ 1875 per metric ton by giving an order on the back page of the Bill of Entry pursuant to Notification being SRO No. 55/98/Shulka dated 19-08-1998. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......ving executed a registered lease deed dated 05.11.1994 in favour of writ petitioner and leave petitioner in their joint names, the writ petition challenging the allotment letter alone, which has been fully acted upon is not maintainable inasmuch as after the execution of the registered lease dee......93. Vacant possession was delivered and lease deed was executed on 10.06.1993. He applied for approval of the plan and after obtaining necessary approval of the plan from the Cantonment Board, mortgaged the said plot and obtained loan for construction of residential building thereon. After obtai..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......nment for life. The appeal has been allowed by one of us and dismissed by one of us on modification of sentence of death to sentence of imprisonment for life. 2. I had the advantage of going through the judgments proposed to by delivered by my learned brothers M.M. Ruhul Amin J..Category: Criminal Law | Date: | Hits: 62
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......f 1971, the suit shop was destroyed and the respondent and his brother jointly rebuilt the suit shop with three storied foundation after taking necessary permission from Sylhet Pourashava and with full consent of the then landlord and as such there in no necessity of rebuilding of the suit shop,...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ..Category: Property Law | Date: | Hits: 32
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......or a declaration of title stating that the suit land originally belonged to Nitai, Gopal, Nirmal, Ajit, Krishnapada and Subhadra Rani, who sold the suit properties infavour of Sita Nath and Profulla Bala in 1976, who obtained possession. The said Sita Nath and Profulla was husband and w......rties infavour of Sita Nath and Profulla Bala in 1976, who obtained possession. The said Sita Nath and Profulla was husband and wife, who had no child therefore in order to retain the lineage of inheritance they adopted Nitai Chandra Mondal, father of the plaintiff-petitioners in 1..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ...... Kumar Das, the defendant No.3; Babu Ram died leaving behind two sons, Manindra Nath Das, the defendant No.8, and Fanindra Nath Das. Fanindra died unmarried and as such his share devolved upon his full brother, the defendant No.8. Harandra Nath Das died leaving behind his widow Charubala Das who......dra Chandra Das, such alienation took place, non-consideration of such factual and legal proposition led the single Judge of the High Court Division to commit error in law which resulted in miscarriage of justice. He lastly submits that admittedly the suit is brought for the relief for declarati..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......dent was then living with the appellant in Dhaka. The appellant was also Professor of Pathology in Dhaka Medical College Hospital and thus he was earning a lot of money. The respondent No.1 also managed a job in the Motijheel Central Government Dispensary as Medical Officer and that the app..Category: Procedural Law | Date: | Hits: 173
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