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....d on proper appreciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
......n remains the controlling and regulating authority and that the National University authority is required to abide by notification dated 2.4.2003 and that the High Court Division committed error in holding that the notification dated 2.4.2003 issued by the Ministry of Education has no manner of ap..
Category: Employment/Service Law | Date: | Hits: 108
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
.... High Court Division, on hearing both the parties, upheld the judgment of the appellate court making observation to the effect that in this suit since the defendant admitted his signatures on the disputed kabala the onus was upon him to prove the circumstances under which he put those signat...... 4. Both the parties adduced some evidence before the trial court in order to prove their respective cases. The trial court, on consideration of those evidence, dismissed the suit of the plaintiff holding that the plaintiff could not prove the offer, acceptance, settlement of price and cause of..Category: Property Law | Date: | Hits: 74
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......sessing the suit land on the strength of her right and title. 4. The learned Assistant Judge, on consideration of the evidence adduced by the parties, decreed that Other Class Suit No.43 of 1989 holding only that in the Partition Suit No.194 of 1984 the present plaintiffs were not served with t..Category: Property Law | Date: | Hits: 80
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......ovisions of this Ordinance. In this case admittedly the decision of the Village Court was by four to one and, therefore, was not amenable to the jurisdiction of the learned Munsif. The learned Munsif holding so dismissed the Misc. Case. But to meet the grievance of the present petitioner the learned..Category: Property Law | Date: | Hits: 74
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......s son in defendant Nos.1 and 2, daughters namely, Ayesha and Adarunessa who become owners in possession of the property left by Abdul Quadir, It is their further defence that another co sharer of the holding Alak Jan was owner in possession of 2 annas 13 gandas I Kara 1 Kranti share which comes to 6..Category: Property Law | Date: | Hits: 65
....t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......to how the suit property became the secular property of Suresh Chandra Roy, and the plaintiff being in continuous peaceful possession of the same all through, the learned Courts below erred in law in holding on mere surmises and conjectures that the suit property was the personal property of Suresh ..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......further proceedings of Family Suit No.27 of 1996 till disposal of Nari-O-Shishu Nirjatan Case No.8 of 1996. The learned Senior Assistant Judge by order dated 8-1-98 rejected the application for stay, holding, inter alia, that the nature and character of the 2(two) cases are entirely different. Thoug..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....age had been denied by the defendant-petitioner the Family Court had no jurisdiction to decide the question of dower, maintenance or restitution of conjugal rights; according to him, if a marriage is disputed that point has to be first decided by a civil Court in a properly framed suit and if the ma......rising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (wife) are lawfully..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......measures affecting the merit of the suit cannot be allowed keeping the contesting defendant in the dark. The learned Assistant Judge evidently erred in law in allowing amendment of the plaint and the holding of the local investigation beyond the knowledge of the defendants. The impugned decree is th..Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....his goes to show that the plaintiffs did not get possession by their purchase. The learned Magistrate attached the suit property and also appointed a receiver for the possession and management of the disputed land under sub‑section (2) of section 146 Cr.P.C. 12. From the proviso of sub‑sectio......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....al by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 are illegal and for recovery of poss......Court of Pakistan in the subsequent case of SA Haroon and others Vs. Collector of Customs reported in 11 DLR (SC) 200. In view of the same we are of the view that the Court below was not justified in holding that the plaintiff had no onus to prove that the suit seized goods were not smuggled goods a..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....mber of the District Committee and Vice President of Thana of Jatiotabadi Jubadal, Youth Wing of the BNP In support of the said assertion informant has annexed some certificates. 6. Apart from the disputed question as to whether informant belonged to the ruling party or the opposition party the f...... not entitled to get anticipatory bail. Merely because person is respectable, influential or highly placed in the society by reason of his being rich or educated or politically connected or otherwise holding important post or office he cannot avoid the due course of the law to appear before the Cour..Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......the suit property on false and fictitious papers and as such the suit is liable to be dismissed. 4. The learned Assistant Judge by his impugned judgment dated 29-3-95 dismissed the suit on contest holding, inter alia, that the suit is bad for defect of parties and that the suit property having no..Category: Procedural Law | Date: | Hits: 91
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....for the petitioners, submits that in view of the fact that the award, which was subsequently made Rule of the Court, merely determined the entitlement of the parties in respect of their shares in the disputed property without any reference to possession therein, the award decree are essentially a pr......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......secution has proved that the accused persons made confessional statements regarding their taking of part in the occurrence which is true and voluntary and, as such, the same alone may be a ground for holding the accused- appellants guilty for the offence charged. 10. In view of claim and counter-..Category: Criminal Law | Date: | Hits: 70
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......It is stated in the application for review that this Court on an application of the petitioner under sections 81(2) and 85(3) of the Companies Act, 1994 by order dated 19-3-1998 condoned the delay in holding the annual general meetings of the company for the years 1982 to 1997 and directed the petit..Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......he said enquiry was held on 31-3-98 in presence of said Nasiruddin Shah and the petitioner, and it appears that copy of the order dated 30-3-99 (Annexure-B) was also served upon the petitioner before holding the enquiry on 31-3-99. We have already noticed that there is no deed creating the waqf in q..Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ii) Is the suit barred by the law on limitation? (iii) Is the impugned order dated 4‑8-1992, rejecting the tender, without lawful authority? (iv) Is the plaintiff entitled to purchase the disputed land and entitled to get the decree in such manner? (v) What other relief the plaintiff ......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..Category: Civil Law | Date: | Hits: 82
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......nd obtained the Rule. 5. The writ petition was contested by present petitioner No.1 (respondent No.1 in the writ petition) by filing an affidavit-in-opposition contending, inter alia, that "mere holding the same class does not necessary allow" equal pay scale to all employees belonging to the..Category: Employment/Service Law | Date: | Hits: 86
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....rate on 24-11-96 on the basis of the report submitted by the police pursuant to the two GD entries made by the parties and the officer in charge Mithapukur was appointed as receiver in respect of the disputed land and the case was fixed on 9-12-96 for filing written statements. The order for appoint......he decision made by the Appellate Division in the above case and we are of the view that the impugned order passed by the learned Additional Sessions Judge on 15-6-9 Criminal Revision No.95 of 1996 upholding the order of the learned Magistrate drawing up proceeding under section 145 Cr.P.C. is witho..Category: Criminal Law | Date: | Hits: 237
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