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Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ...... in pursuance of the aforesaid 'bainapatra'. 3. The suit was contested by the defendant and his case is total denial of the execution of the 'bainapatra' and further case is that the signature appearing in the alleged 'bainapatra' is an act of forgery and the land included in the 'bai..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......sp; ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Government of Bangladesh represented by the Secretary, Ministry of Establishment……………… Appellants (In both the appeals). Vs. Shamsuddin Ah...... though we fined that the respondent was reinstated in service not by a decree of any Court but by the Government itself upon imposition of two conditions. The first condition is in our view in the nature of a waiver of legal entitlement, which is not enforceable against the respondent. The respon..Category: Administrative Law | Date: | Hits: 138
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......t land from one place to another in a suit for simple permanent injunction" and also found further to the effect that, "Even if the proposed amendment does not go to change the nature and character of the suit for permanent injunction yet I am of the opinion that the pro..Category: Property Law | Date: | Hits: 23
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. ......uthority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ...... made against him and that also explained the situations and the reasons why the target could not be reached. The authority being not satisfied with the reply issued charge Sheet under the signature of the Deputy Director (1) Enquiry and discipline Directorate, Respondent No.2 asking the ap..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ...........Appellants Vs. Khandakar Mosharraf Hossian & Ors .......Respondents Judgment January 20, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Ahsanullah Patwary, Adv...... the time of argument together with the fact that the respondent No.1 had filed an application under order 59 rule 1 and 2 of the code of the Civil Procedure against the appellant not to change he nature and character of the suit land and not to dispose of the suit pending disposal of the case. ..Category: Property Law | Date: | Hits: 30
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. ......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. ......ned illegally and improperly. 3. The High Court Division discharged the Rule holding that the present application is not maintainable section 491, Cr.P.C. which contains only the directions of the nature of habeas corpus and there is no scope to determine the question of custody of any minor as t..Category: Criminal Law | Date: | Hits: 34
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......ce to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......or 2nd marriage. 3. Leave was granted to consider the submission of the learned advocate for the petitioner that the sentence awarded was severe and harsh and that having regard to the nature of the offence and reality of the social life sentence of the convict may be reduced on..Category: Criminal Law | Date: | Hits: 35
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. ...... dismissed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......ner he also found so and no objection was raised by the plaintiff against such construction of hut by the defendants. 7. Therefore, the findings of the High Court Division that the nature of license was not proved by the plaintiff and in the facts and circumstances of the case, ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......ment is allowed the plaintiffs will suffer irreparable loss and injury and the whole purpose of the suit will be frustrated and that the proposed amendment will not in any way change the nature and character of the suit. 7. As it appears in paragraphs 9 and 10 of the plaint it ..Category: Civil Law | Date: | Hits: 107
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. ......: 25 DLR (SC) (1973) 13. ......imself would appear to lie exclusively between the Custodian and the party seeking the confirmation. In this connection it was observed as under:— "The argument raises the question as to the nature of the contest, if any, when an application is made under section 20 for confirmation of the ..Category: Property Law | Date: | Hits: 28
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......missed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......sion to consider after assessing the evidence whether the appellant's agreed to pay the money in installment amount to admission having misappropriated the value of cement taken earlier is of civil nature is question of fact which may be proved by adducing evidence before the trial Court. ..Category: Criminal Law | Date: | Hits: 32
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 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) 142. ...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 142. ......it was fixed for preemptory hearing the defendant petitioner filed an additional written statement making a suit for counter claim against the plaintiff/respondent No.1 which changed the nature and character of the suit and further the counter claim, as made therein, is not permis..Category: Civil Law | Date: | Hits: 106
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ...... Ed. This Case is also Reported in: VI ADC (2009) 139. ......igh Court Division erred in law in reversing the finding of the court of appeal below without assessing the materials on record and simply relying on the finding of the trial court in respect of signatures of the plaintiff on the registered kabala and on other papers submitted before the court an..Category: Property Law | Date: | Hits: 21
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......ts. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......ion and obtained the Rule. The High Court Division discharged the Rule on the finding that the land including the homestead land situates in the rural area. The High Court Division considering the nature and character of the suit holding and its situation held that the homestead with adjunct is ..Category: Property Law | Date: | Hits: 30
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. ......to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......dent No.1 for the purpose of construction of the house. She also stated that the writ petitioner respondent No.1 applied for loan of TK. 35,00,000.00 from Sonali Bank in joint names by forging her signature in 1995. She got a letter from the Bank with a request to register the mortgage deed which ..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. ......ndergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ...... 7. Congenital defect on the right foot. 25. The Doctor opined the "Death in our opinion was due to asphyxia resulting from suffocation which was antemortem and homicidal in nature." 26. The only eye witness as per prosecution case namely P.W.4, a child..Category: Criminal Law | Date: | Hits: 62
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......asuring 1 square diameter and as per his opinion the death of the victim Muktadir was due to hemorrhage and shock as a result of the above-mentioned injuries which were ante-mortem and homicidal in nature and the above evidence of the P.W.13 is corroborated by the mutually consistent ocular ..Category: Criminal Law | Date: | Hits: 39
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. ......o protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......gh Court Division failed to consider that the plaintiff could establish the legally required elements adducing evidence both oral and documentary proving that the transaction was of benami in nature and respondent No.1 was his benamder and that the High Court Division should have allowed th..Category: Procedural Law | Date: | Hits: 173
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......o Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......rit Petition No.8721 of 2005 was filed only challenging the election to the office of the President and Rule was obtained in the said writ petition with a direction not to change the character and nature of the market place. Subsequently Writ Petition No. 8721 of 2005 and Writ Petition No. 2520 ..Category: Civil Law | Date: | Hits: 126
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......d. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......r less same and the question of law involved in the writ petitions was common, the aforesaid writ petitions were heard simultaneously and were disposed of by the separate judgment of identical nature on the date as mentioned hereinbefore. 3. The High Court Division by the afores..Category: Civil Law | Date: | Hits: 126