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Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
.............Respondents Judgment March 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same crea......he same relates to Respondent Nos. 3 and 4 to have been made without lawful authority and to be of no legal effect. The High Court Division while making the Rule absolute further declared that the declaration made hereinbefore would not adversely affect the promotion of the Respondent Nos. 3 and..Category: Employment/Service Law | Date: | Hits: 54
Md. Abdul Jalil Vs. Mosammat Shefali Begum and othÂers, 2006, 35 CLC (AD)
....abala dated 17.1.1977. 3. Defendant No.4 Salgaria Muhajir Co-operative Society Ltd. represented by its Secretary Md. Saiful Islam hereinafter referred to as the Society filed a petition before the Additional Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property mea......4.1.1978. 4. Having felt aggrieved by the order of the Additional Commissioner Rajshahi, the plaintiffs filed Other Class Suit No.109 of 1982 in the Court of Munsif, 2nd Court, Pabna for a declaration that the judgment and order of the Additional Commissioner is illegal, void and not bin..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....led in short, are that the land in suit belonged to Jataindra Nath Shaha who had 4 sons Mohendra Saha, Nalini Ranjan Saha, Santosh Kumar Saha and Phani Bhushan Saha, that Mahendra Nath Saha died before his father leaving wife, Hemangini Saha (defendant No.1) and a daughter by name Sundari Dasi. ......6 affirming the judgment and decree dated June 5, 1986 of the 1st Court of Munsif (now Assistant Judge) Kushtia in title suit No. 48 of 1985 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in respect of the land described in the s..Category: Property Law | Date: | Hits: 23
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
.... Not represented-Respondent No. 1(In Criminal Petition No, 189 of 2003) Not represented-Respondent Nos. 7 &8 (In Criminal Petition No. 190 of 2003) Criminal Petition for Leave to Appeal Nos. 189 & 190 of 2003 (From the Judgment and Order Dated 26.11.2002......warranting conviction of the accused respondents but the courts below committed illegality in acquitting the accused respondents ignoring the evidence. 7. He further submits that dying declaration made by victim Ataur Rahman Toni abundantly discloses evidence of commission of his mur..Category: Criminal Law | Date: | Hits: 41
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....of the charge under Section 302/149 of the Penal Code and sentenced appellant Farukur Rahman @ Farook to death and the two other appellants Sajjad Shaheen @ Prince and Miraj Hossain to imprisonment for life and all three of them were ordered to pay a fine of Tk. 2, 000/- each. The record was sent......the wall of that house, in other words the P.O and manner of occurrence in court one year three months after a complete departure was introduced from the case in first information report dying declaration and charge sheet the courts below ought to have disbelieved the prosecution case ..Category: Criminal Law | Date: | Hits: 25
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands origin......sion in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands originally..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....cribed in the schedule attached to the plaint. It may be mentioned the appellate Court upon reversing the judgment and decree of the trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording opportunity to the defendants to file written statement as ...... No.12 of 1989 reversing the Judgment and decree dated December 15,1998 of the Court of Assistant Judge, Sadar, Sylhet in Title Suit No. 102 of 1988 dismissing the same. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. It ma..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
.... purchase from the heirs of Daraj Ullah and possessing the same, that at one time land in suit diluviated but later on alluviated and that the plaintiffs are in possession of the land in suit for about 40 years, that at the time of R. S. record the land was diluvial but during S.A. survey t...... 153 of 1993 affirming the judgment and decree dated September 30, 1992 of the Court of Assistant Judge, Nazipur, Pirojpur in Title Suit No.41 of 1991 decreeing the suit. The suit was filed seeking declaration of title in the land in suit. 3. Plaintiffs case in short, is that land measuri..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....e and possession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing......ing the judgment and decree dated April 30, 1982 of the Court of Munsif (now Assistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....t property through lessee. 4. Leave was granted to consider the submission that none of the courts below applied their mind to the question of maintainability of the suit as without a prayer for declaration of title to the suit property the suit was not maintainable and the plaintiff has n......operty through lessee. 4. Leave was granted to consider the submission that none of the courts below applied their mind to the question of maintainability of the suit as without a prayer for declaration of title to the suit property the suit was not maintainable and the plaintiff has no ma..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....spondent by opening Letter of Credit dated 13.07.1999, imported 5600 sheets of Hard Board of similar size that is 8' x 4'x2. 5mm from Thailand and after the arrival of goods submitted bill of entry for assessment of customs duty and other levies but on the basis of a complaint made by some busin......t of customs duty and other levies but on the basis of a complaint made by some business rivals of the respondent lo the effect that the respondent was trying to evade customs duty by making False declaration regarding the thickness of the imported Hard Boards, an inquiry was made by the customs..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
.... No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladha...... 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladhar, d..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....e employees of the Supreme Court of Bangladesh (High Court Division) were dismissed from the services by order dated 25.07.1996 on charge of gross misconduct. During the pendency of their appeals before the Hon'ble Chief Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subor......the pendency of their appeals before the Hon'ble Chief Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka on 01.08.1996 for a declaration that the said order of dismissal was illegal. The learned trial court fixed the suit fo..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....o. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relat......e over to the Ministry of Works and not under the Ministry of Commerce as the plaintiff though earned on some business but the premises was predominately being used as residential one and but upon declaration as an abandoned property was inducted as an allottee by the Ministry of Works and pursu..Category: Property Law | Date: | Hits: 41
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....idence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. The suit was decre...... Respondent No.1 then filed Other Class Suit No. 41 of 2000 (partition) (previously numbered 96 of 1998) in the 1st Court of subordinate Judge (now Joint District Judge), Cox's Bazar seeking declaration that the judgment and decree dated 15.5.1989 (decree signed on 22.5.1989), in Other Cla..Category: Civil Law | Date: | Hits: 122
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant prefe......ge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant preferred..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....issued under the signature of Mr. Azim Uddin Ahmed Chowdhury, Magistrate, 1st Class, Sadar, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel at 10 hours on December 19, 1991 for eviction of the appellant from t......ned to Bangladesh and found the property to have been treated as abandoned property and has been leased out to the appellant, the Corporation and another filed Writ Petition No. 35 of 1985 seeking declaration that the properties of the Corporation including the one which is the subject matter of..Category: Property Law | Date: | Hits: 38
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....ner. Ajmalul Hossain, Senior Advocate, instructed by M. Khaled Ahmed, Advocate-on-Record- For the Respondent No. 1. Not represented- For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 146 of 2005. Judgment: ......e subjects but he did not do well in the Administrative Law, as such he got less marks and the University Calendar does not provide any provision for re-examination of answer script after final declaration". 6. The contention that University calendar dose not provide for re-ex..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
.... Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void and not binding u......peal No. 22 of 1994 affirming those of dated February 24, 1994 of the Court of Senior Assistant Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of la..Category: Property Law | Date: | Hits: 48
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
......Respondents Judgment July 2, 2003. Lawyers Involved: Md. Nawab Ali, Advocate-on- Record -For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 541 of 2002. (From the judgment and order dated 25.6.2001 passed by......ision in Civil Revision No.1602 of 1994 discharging the Rule and affirming the judgment and decree of the appellate court. 3. Plaintiff-respondents filed Title Suit No. 106 of 1975 for declaration of their title in the suit land measuring 13.79 acres. The plaintiffs claimed that hei..Category: Procedural Law | Date: | Hits: 113
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