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Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....d. On 17‑3‑1976 opposite party No. 2 transferred his 1/3rd interest covering 0.361/3rd acre of land to opposite party No. 1 without service of any co-sharer's notice upon him. The said kabala was registered on 18‑1‑1980. Opposite party No. 1 was a stranger to the case holding. On coming to k......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......Mohammad & others.............Opposite Parties Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Abdul Baten Vs. Abdul Latif Sheikh and others, 45 DLR (AD) 26; Idris Miah (Md.) Vs. Promode Ranjan Das and others, 45 DLR 126; Golchera Khatun, 45 DLR (AD)..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....of suicide his mother-in-law instituted the false case against him. He further submits that, just after finding that his wife has committed suicide he informed the police and his such information was registered by the police as an UD case and the information given by her mother-in-law to the police ......ic expert. All of them put their signatures therein on the inquest report. That an ambulance was brought in and the dead body was lifted in it by police en route to Dhaka Medical College Hospital for postmortem examination. But the ambulance met with a serious accident at 8‑05 PM on 9‑1‑2004 a........................... Opposite Party Judgment October 2, 2004. Result: The Rule is discharged. Cases Referred to- Ashraf Ali Munshi Vs. State, 48 DLR 590; Ashraful Vs. State, 1 MLR (AD) 372; Major (Retd.) Khairuzzaman Vs. State, 1998 BLD 357=3 BLC 344. Lawyers Involved: Abdul..Category: Criminal Law | Date: | Hits: 96
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......dant No.1 asking the plaintiffs to show cause as to why the managing committee of the school should not be dissolved for wilfully flouting the order of the Board for reinstating defendant No.6 in his post as Headmaster of Khashmahal Baluchar High School. In the said suit an application was filed by ......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
..
Category: Procedural Law | Date: | Hits: 72
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......ation. She contacted Hathazari Police Station over telephone and came to know that the beheaded dead body recovered from Lala Chandra Beel of village Shikarpur had already been sent to the morgue for post mortem examination. At 2.30 p.m. her elder son arrived home from Dhaka and went to the morgue w......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......failed to prove that he was not present at the place of occurrence when his mother was murdered, that the appellant did not try to rescue his mother, that his absence at the time of victim's inquest, post-mortem examinations the Sharadha ceremony and his abscondence for one year after the occurrence....... We find merit in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....ite. Further case of the plaintiff is, that she requires the suit premises for the use and occupation of her son. Notice under section 106 of the Transfer of Property Act was sent to the defendant by registered post determining the tenancy. The defendant petitioner duly received the said notice on 1......r case of the plaintiff is, that she requires the suit premises for the use and occupation of her son. Notice under section 106 of the Transfer of Property Act was sent to the defendant by registered post determining the tenancy. The defendant petitioner duly received the said notice on 11.11.91. ......r Begum………………Plaintiff Opposite Party Judgment June 26, 1997. Result: The Rule is made absolute. Case Referred to- Abdul Malek Miah Vs. Maya Debi and others, 1984 BCR (AD) 42. Lawyers Involved: Shahid Ahmed, Advocate - For the Petitioner. Oziullah, Advocate -..Category: Property Law | Date: | Hits: 64
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
.... the provisions of this Act any deduction has been made from wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any inspector under this Act, ......oods, accommodation to houses supplied by the employer, amenities provided, different types of advances made to the worker, payment made to provident fund, co-operative societies, the premium paid to postal and insurance saving scheme, Government security, etc. But there is no provision for gratuity....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... of them to suffer rigorous imprisonment for one year and to pay fine. 3. Thus the case record in respect of Abul Hashem has been sent to us under section 374 of the Code of Criminal Procedure and registered as Death Reference No.31 of 1992. Accused Abul Hashem has preferred Jail Appeal No.1831 o...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......……………Petitioner Vs. Abul Hashem………………….Condemned Prisoner Judgment November 10, 1997. Result: Death References are rejected. Case Referred to- 8 BLD (AD) 109. Lawyers Involved: Syed Aba Kowser, Assistant Attorney-General - For the State (in bot..Category: Criminal Law | Date: | Hits: 66
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
...., as such, has no power to pass ad-interim order of stay or injunction and, as such, the impugned order is wholly illegal and without jurisdiction. 3. Eastern Co-operative Jute Society Limited was registered on 14-12-1961 under the Co-operative Societies Act 1940 and last election of the Managing......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15...Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
..... 4. Respondent No.1 filed an election petition on 14.3.92 before the Senior Assistant Judge and Election Tribunal, Sadar, Sylhet, challenging the election of the petitioner as Chairman and it was registered as Election Tribunal Case No. 3 of 1992. 5. It is the case of the petitioner before th......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......talib and others…………………………Respondents Judgment July 6, 1993. Result: The Rule is discharged. Cases Referred to- Md. Shajahan Vs. Md. Sadeq & another, 38 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell Liquors Ltd, (1922) 2AC 128; Md. Hossain Munir Vs. Sekan..Category: Election Law | Date: | Hits: 188
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....her on the facts and in the circumstances of the case, the Taxes Appellate Tribunal was justified in law in holding that the applicant is the real owner of the house property in question ignoring the registered Title‑Deeds and other related documents evidencing the ownership of Mrs. Momtaz Mallik?......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....খ ১৬.১১.১৯৮৮ মারফত ইতিমধ্যেই আপনাকে জানানো হাইয়াছে। 28. This letter dated 21.11.88 (Annexure A3) was sent by registered post and also by special messenger which was received by the petitioner's son (Annexure A......rity (hereinafter referred to as the Authority) dated 7.12.86 (Annexure D) whereby the Authority was pleased to decide that its office order No.68/85 dated 6.2.85 in respect of the promotion to the post of Senior Deputy Directors of Ports and Traffic stood operative, and the consequent order dated......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....the charge sheeted accused persons namely Mobarak Ali Paik and (2) Rais Uddin Monthi died before the commencement of the trial. 5. The Senior Special Tribunal Bogra having received the case record registered the same as Special Tribunal Case No. 38 of 1976 and took cognizance by order dated 6-4-7......h Army on 17-11-70 and retired on 16-11-91. Since his retirement, the petitioner had been living in his village home at Bhadaikandi. At the time of the alleged occurrence of 8-2-75 the petitioner was posted at the Army Head Quarter as a gunner in the Artillery Division and because of the emergency d......es Referred to- Nesar Ahmed Vs. The Government of Bangladesh, Civil Appeal No.5 of 1996; Bulbul Vs. The Government of Bangladesh, Civil Appeal No.5 of 1996; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; State Vs. Imdad Ali Bepary, 36 DLR 333; State Vs. Zahir and others, 45 DLR (AD) 163. Lawye..Category: Criminal Law | Date: | Hits: 79
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....47 of 2010. The preparation of paper books is dispensed with as prayed for. The order of stay passed earlier in C.P.No.1847 of 2010 shall continue till disposal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed......assing of Acts 9, 10 and 11 of 1998 as certain provisions of these Acts have affected his right of franchise, right to purchase, right to transfer property and the right to contest in various elected posts. The writ-petitioner is further aggrieved by the provisions of Act 12 of 1998 in that it has e......ntinue till disposal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......stated that Suruj Ali and Saiful Islam were also with him. The defence declined to cross-examine him. 13. P.W.9, Abdul Quadir, stated that he is a constable No.943 and at the relevant time he was posted at Phulpur PS. He took the deadbody of Aftabuddin Chairman from village Pakuriatola to Mymens......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..Category: Criminal Law | Date: | Hits: 74
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....on through Court. She mutated her name and paid rent to the Government in respect of the suit holding till 1411 B.S. The plaintiff purchased .21 acre out of the said .28 acre land of Safia Begum by a registered sale deed dated 18.11.2004 and took over possession of the same and has mutated his name ......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
....ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1....... do not contain any condition or term excepting the tenure of four years with effect from 22-8-94 which will expire on 21-8-98 and, as such, any order suspending, dismissing or relieving him from his post without allegation, enquiry or show cause is illegal. While the petitioner was running the admi......ged.
Cases Referred to-
Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Technology, 45 DLR 333; Bangladesh Freedom-fighters Welfare Trust Vs. Md. Momtajul Hossain, 44 DLR (AD) 273; Rayarappan Vs. Madhari Amma, AIR 1950 FC 140; Lekhraj Vs. Deputy Custodian, Bombay, AIR 196..
Category: Employment/Service Law | Date: | Hits: 158
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
....ndra permanently lived in this country and only ½ years back they left this country. So, the defendants totally failed to establish that the deeds of the plaintiffs Ext.6 and 7 were not executed and registered by the sons of Surrendra Mohan Sarkar." 11. It further appears that the High Court Div...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......d order affirming those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ..Category: Property Law | Date: | Hits: 68
....d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
...... seek leave to appeal in this Division from the judgment of the High Court in Writ Petition No.2300 of 2003.
2. In the writ petition the petitioners claimed that they were appointed in different posts in the Chittagong Port. Trust Authority and later on they were also promoted to the higher p......ers..............Respondents
Order
October 6, 2010.
Result:
Leave is granted.
Case Referred to-
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md.) and others, 43 DLR (AD) 154.
Lawyers Involved:
Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advoc..
Category: Employment/Service Law | Date: | Hits: 97
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....Nepal by denying his Korfa pattan. Thereafter, through the settlement of well wishers Paresh executed a kabala on 05.05.1955 but he without registering the same came back and ultimately, the deed was registered through miscellaneous case by presenting the same before the District Registrar. S.A. r......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......00 (one thousand) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ..Category: Property Law | Date: | Hits: 66
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