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Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....dant No.2 as heir of Sarna Kumari and on the basis of the said bainapatra got an ex parte decree. The plaintiff was in possession of the suit properties through tenants and title of the plaintiff - Government to the property in Suit was clouded by the said decree and the sale deed. Hence the sui......gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..

Category: Property Law | Date: | Hits: 23

Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)

....onstitution Challenging the enlistment of their respective house as abandoned property. 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..

Category: Property Law | Date: | Hits: 23

Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)

....o show cause as to why discipli­nary action should not be taken against him for his absence without leave inspite of rejection of his leave prayer and failure to join in Dhaka office under the Government Servants (Discipline and Appeal) Rules, 1985 (here­inafter called "The Rules&qu...... him to move to Dhaka with the members of his family by message dated 6.7.1988 but the said message dated 6.7.1988 has no existence. The writ petitioner (present respondent No. 1) suppressed in the body of the writ petition as to an amount equivalent to Tk. 3,95,000/- sent on 27.6.88 by the tele..

Category: Employment/Service Law | Date: | Hits: 105

Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)

....ccount of the leave salary was not paid to them. For such dues the Corporation have written to the concerned Ministry for necessary instructions and guidelines, which is under consideration of the Government. The appellant Corporation did never refuse to pay such benefits to the writ petitioners......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)

....any manner with the plaintiff's posses­sion in the wakf properties described in sched­ule Nos. 1 and II in the plaint. 3. The background of the case is this: On 2 April 1956 the then Government of East Pakistan issued two notifications in respect of each district of the Province, ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..

Category: Property Law | Date: | Hits: 43

Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

....ry J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- Government of Bangladesh Vs. Zeenat Hossain 1 BLC (AD) 89; State Vs. M. M. Rahmatullah; Satwant Sing......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...

Category: Constitutional Law | Date: | Hits: 208

Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)

....oard of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred to: Murari Mohan Deb vs. Secretary to the Government of India, AIR 1985(SC) 931. Lawyers Involved: Dr. Kamal Hossain, Senior A......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..

Category: Administrative Law | Date: | Hits: 124

Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)

....e and went to the house of her father in the District of Rangpur taking with her two minor sons and has been living there. The plaintiff appellant is a registered Doctor and has been serving in the Government Mohammad Ali Hospital at bogra. After the divorce he has been sending money and clothes ......d to go to their father forthwith is maintained. The appeal is accordingly disposed of with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..

Category: Family Law | Date: | Hits: 161

Md. Akkas Ali Biswas and oth­ers Vs. Ashit Kumar Mojumder and oth­ers, 2005, 34 CLC (AD)

....tion No. 2472 of 1997 and the rule thus obtained was disposed of with the observation "as there is no existence of Rin Shalishi Board on and from 07.06.1992 the same has been abolished by the Government and all activities of the said Board has (sic) been stayed from the date" and there......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..

Category: Procedural Law | Date: | Hits: 75

Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)

....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......act for sale and also for permanent injunction restraining principal defendants (Respondent Nos.1-3) from disturbing plaintiff's possession in the suit land or from transferring the suit land to any­body else by way of sale or otherwise. 3 The plaintiff's case, in brief, is that the suit land al..

Category: Property Law | Date: | Hits: 40

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....est of Ahmadullah Dewanji from whom Golam Rahman and others inheri­ted it was annulled under section 37 of the Revenue Sales Act; (d) That the subsequent settlement (Jama-bandi) from the Government in favour of the defendants and others was per­fectly lawful and valid; (e) T......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..

Category: Property Law | Date: | Hits: 55

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....for her removal from the office of the Mutwalli on the ground of her utter negligence in managing and looking after the affairs of the Waqf Estate since she was residing all along with her husband, a Government Officer, in different places of the then Pakistan including Karachi. In due course she re......e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...

Category: Procedural Law | Date: | Hits: 112

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....ages rela­ting solely to land in other parts of the Presidency could be validly registered by the sub-registrar at Calcutta if the parties merely took the precaution to add, as a last parcel, Government House, Calcutta, or any similar item."  The Privy Council, therefore......rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ..

Category: Property Law | Date: | Hits: 36

State Vs. Md. Haroon, 1984, 13 CLC (AD)

....ortation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. M...... to the Union Parishad Office but in the meantime Dafadar Hamdu Meah was sent to Fatickchari Police Station whereupon the O/C of the Thana came to the place of occurrence and held inquest of the dead body which was sent for postmortem examination. Police arrested the accused and after com­pletion o..

Category: Criminal Law | Date: | Hits: 64

Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)

....petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a......behest of Mutwalli on the plea of facili­tating free access of the visitors to the holy Dargah Sharif; that the requisition proceeding in the name of Chittagong Municipality Corporation as requiring body is a mere device for conferring benefits on private individual. It is mentioned that the total ..

Category: Property Law | Date: | Hits: 55

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

....ee appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partner­ship registered on September 1,1968 for the purpose of carrying on contract business of Government and Semi Government organiza­tions. The partnership is a family concern and the dispute ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..

Category: Constitutional Law | Date: | Hits: 149

Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)

....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......nts Vs. The State.................................Respondent Judgment March 12, 1984. A murderer will not certainly keep evidence of his crime by hanging the dead body in or near his own house. The confessional statement of a co-accused shall not be used as the..

Category: Criminal Law | Date: | Hits: 63

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

....nishable under this Ordinance, is a non-cognizable offence and no Court other than a Drug court shall try the offence punishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ..

Category: Criminal Law | Date: | Hits: 59

Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

.... Appellant's Coun­sel before him. Reasonings in his judgment appeared to show that the appellant's Counsel contended before him that the respondent No.1’s rates were abnormally below the Government's estimated rates, and this also showed the possibility of corruption and dishonesty. Th......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ..

Category: Others | Date: | Hits: 84

Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)

....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... February 11, 1985. Words and phrases Discrepancy in the evidence Discrepancy in the evidence of the eye-witnesses and the evidence of the doctor holding authority on the dead body of the victim on certain point is an irritating question but the Court can prefer the evidence..

Category: Criminal Law | Date: | Hits: 57