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Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)

....For the Petitioner. Seikh Atiar Rahman, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1615 of 2008. (From the judgment and order dated 23.4.2008 passed b......at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 971. ...... cancellation of his appoint­ment as Assistant Head Master of Khabashpur Labonya Prova High School is illegal, void, collusive and not binding upon him. The short fact of the cases is that the plaintiff joined the said school on 13.5.1996 as Assistant Teacher (Agriculture) and thereafter on ..

Category: Employment/Service Law | Date: | Hits: 106

Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)

.... by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent (In Civil Petition No. 354 of 2007). Not represented-The Respondent (In Civil Petition No. 514 of 2007). Civil Petition for Leave to Appeal Nos. 354 and 514 of 2007. (From the judgment and order dated 08.01.2002......and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......nd order dated 08.01.2002 passed by the High Court Division in Civil Revision Nos. 1214 and 1213 of 1994 making the Rule absolute. 2. The facts, in short, are that the present petitioner as plaintiff filed other Class Suit No.118 of 1989 which was renumbered as other Class Suit No. 53 of ..

Category: Property Law | Date: | Hits: 87

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

....990 of the 1st Additional Court of Assistant Judge, Chittagong, Sadar in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The su...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......her suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that the land in suit belonged to Yakub A..

Category: Property Law | Date: | Hits: 82

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....nbsp;  November 9, 2008.   Lawyers Involved: Md. Nawab Ali, advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1246 of 2007. (From the judgment and order dated 15.04.2007 passed ......ere 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) 942. ......1 affirming those of dated 21.07.1991 of the learned Assistant Judge, Court No.2, Bogra in Other Class Suit No. 44 of 1986 decreeing the suit. 2. Brief facts are that Mrs. Jabeda Khatun, as plaintiff, instituted the above suit seeking declaration that the execution and reg­istration o..

Category: Property Law | Date: | Hits: 87

Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)

....bsp;                      Not represented-Respondent Nos. 5-1. Civil Petition for Leave to Appeal No.1276 of 2008. (From the judgment and order dated 21.04.2008 passed b......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......e dated 31.08.2000 passed by the learned Subordinate Judge, Additional Artha Rin Adalat No.2, Dhaka in Title Appeal No. 221 of 1995. 2. The facts, in short, are that the respon­dents as plaintiffs as next friend of shebait committee instituted a suit for declaration that two deed of g..

Category: Civil Law | Date: | Hits: 110

Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)

.... Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not rep­resented- Respondent Nos. 2-22. Civil Petition for Leave to Appeal No.1611 of 2007. (From the judgment and order dated 6.3.2006 passed by ......ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed Ed. This Case is also Reported in: VI ADC (2009) 938. ......he pre-emptee petitioner is a stranger to the khatian under pre-emption. 3. The pre-emptee-petitioner contested case by filing written statement denying all material allegations made in the plaint stating that the case is barred by defect of parties. After purchase on 22.11.1995 he transf..

Category: Property Law | Date: | Hits: 57

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

.... A. J. Mohammad Ali, Senior Advocate instructed by Haridas Paul, Advocate-on-Record-For Respondent Nos. 1-5 (In both cases). Not represented-Respondent Nos. 6-11 (In both cases). Civil Petition for Leave to Appeal Nos. 1359-60 of 2008. (From the judgment and order dated 12.5.2008 passed by ......rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......­age or perform his functions and the respondent No.10 somehow started man­aging the waqf estate on his behalf; when the proceeding under section 32, which was earlier initiated on the basis of com­plaint made by the beneficiaries due to the mismanagement of the wakf estate by the respondent No.9 ..

Category: Trust/Waqf Law | Date: | Hits: 518

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....nistry of Land and others 9 BLC (AD) 56; Sadeque Uddin Ahmed and others Vs. Rajdhani Unnayan Kartipakha (RAJUK) and oth­ers 3 MLR (AD) 91; Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 27 DLR 597; Bangladesh represented by the Secretary, Ministry of Land Ad......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..

Category: Property Law | Date: | Hits: 79

Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)

.... of defendant No.1's failure to execute and register the kabala and to hand over possession of the property, to have the said reliefs through the Court. 2. The suit was averring specific performance of the contract for sale of the land in suit. 3. The plaintiff filed the suit averr...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......int District Judge), Dhaka in decreeing the same and thereby directing the defendant No.1 to execute and register the sale deed in respect of the property described in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 da..

Category: Property Law | Date: | Hits: 100

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....gmenting Revenue The entire scheme of the Customs Act shows that the main concern of the Customs Authority is to augment the revenue by levying tariff duties under the Customs and Tariff Acts and for preventing smuggling..............(48) The Customs Act, 1969 (IV of 1969), Section 156 O......ion 3 of the Anti-Corruption Act, 1957 provides for constitution and powers of the Bureau for enquiry into and investigation of offence and the procedures have been laid down for investigation and by amendment the offence under the Customs Act have been brought within the Schedule to the Anti-Corrup......he Code of Criminal Procedure............(70) Items (8), (82) of section 156 of the Customs Act are cognizable offences and as such the police can investigate such on its own motion. No formal complaint by the Customs Authority is necessary...............(71 & 72) The Anti-Corruption Act..

Category: Fiscal/Taxation Law | Date: | Hits: 129

K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)

....nstructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Md. Abdur Nur, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1-2. Civil Petition for Leave to Appeal No. 2119 of 2008. (From the judgment and order dated 04.12.2007 passed ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......mortgage suits for foreclosure the decrees passed in other mortgage suits also do not require to be made final for the purpose of starting of the execution case. In the present case though in the plaint a decree for foreclosure was prayed for but the Artha Rin Adalat passed a simple money decr..

Category: Civil Law | Date: | Hits: 140

Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... Ahmed, Advocate-on-Record-For the Petitioners. A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos. 2-64.   Civil Petition for Leave to Appeal No.2294 of 2008. (From the judgment and order dated 25.3.2008 passed by......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ......y;ment and order dated 25.3.2008 passed by a Single Bench of the High Court Division in Civil Revision No.6533 of 2002 making the rule absolute. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylh..

Category: Property Law | Date: | Hits: 41

Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)

....ondent Judgment April 19, 2009. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 1859 of 2008. (From the judgment and order dated 08.04.2008 passed ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ...... Moulvibazar in Family Suit No. 19 of 1999 decreeing the suit for maintenance. 2. Plaintiffs case as placed before the High Court Division, in a nutshell, is that defendant No.1 married the plaintiff on 01.10.1992 according to Hindu Law and the marriage was consummated and after some days..

Category: Criminal Law | Date: | Hits: 75

Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)

....9. Lawyers Involved: Mrs. Kamrunnessa Ratna, Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1279 of 2008. (From the judgment and order dated 07.05.2008 passed ......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......ior Assistant Judge, Monohardi, Narsingdi in Title Suit No.02 of 2000 decreeing the suit. 2. The short facts giving rise to the present petition are as under:- The respondent No.1 as plaintiff filed Title Suit No.02 of 2000 in the Court of the learned Assistant Judge, Monohardi, N..

Category: Property Law | Date: | Hits: 32

Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)

....a Niaz Mohammad, Senior Advocate, instructed by Syed Mahbubur Rahman, advocate-on-Record-For the Petitioner (In all the cases) Not represented- the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 513 and 517-518 of 2008 (From the judgment and order dated 5.12.2007 pas......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......tal lands sold vide said three sale deeds was 0.80 acres. The petitioner came to know about the sales definitely after obtaining the cer­tified copy of the sale deeds on 24.1.1983 and 13.1.1983. The plaintiff deposited Tk.1000/- for each case for pre-emption being the deed value plus the compensa­..

Category: Property Law | Date: | Hits: 33

Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)

....ved: Muhammad Jamiruddin Sarkar, Senior Advocate, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not repre­sented- the Respondents. Civil Petition for Leave to Appeal No. 1805 of 2008. (From the judgment and order dated 13.07.2008 passed ......f Education all the posts of Instructors P.T. Institute have been upgraded to the position of Class-1 gazetted (non-cadre). But the said noti­fication has not yet been given effect for want of amendment of the relevant rules. The teachers of the Experimental Schools and the Instructors of P.......red and thus we do not find any illegality  in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ..

Category: Administrative Law | Date: | Hits: 243

Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)

....Petitioner. Abul Kalam Chowdhury, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on- Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-58. Civil Petition for Leave to Appeal No. 929 of 2008 (From the judgment and order dated 13.3.2008 passed by ......ved al a correct, decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 823. ......3.2008 passed by the High Court Division in Civil Revision No.1012 of 2003.) Judgment     Md. Joynul Abedin J. - This petition for leave to appeal at the instance of the plaintiff is directed against the judgment and order dated 13.3.2008 passed by a Single Bench of th..

Category: Property Law | Date: | Hits: 30

Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)

....-For the Petitioners. S.K. Saddique, Advocate, instructed by S.R. Khoshnabish, Advocate-on-Record-For Respondent No.1 Not repre­sented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1552 of 2008. (From the judgment and order dated 24.07.2008 passed ......f the facts and materials on record of the case, we find no substance in this leave petition, which is accord­ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......2384 of 2008 by the learned District Judge, Dhaka staying operation of ex parte decree of Title Suit No. 10 of 2006 by the learned Additional District Judge, Dhaka. 2. The short case of the plaintiff is that the plaintiff is a research based manu­facturer from China since long time of..

Category: Intellectual Property Law | Date: | Hits: 361

Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)

....009. Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by ......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......ivil Order No.1010 of 2008) Judgment                Md. Joynul Abedin J.-This petition for leave to appeal by the plaintiff is directed against the judgment and order dated 2.3.2008 passed by a Division Bench of t..

Category: Property Law | Date: | Hits: 53

Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)

....sif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No.616 of 1969 of the Court of Munsi......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......mp; 17. Civil Appeal No.100 of 1999. Judgment               Md. Ruhul Amin J. - This is an appeal of one of the plaintiffs, by leave, against the judgment and order dated February 5, 1997 of a Single Bench of th..

Category: Property Law | Date: | Hits: 35