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Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....nd hence the suit. The defendant at the time of execution of the agreement for sale handed over the original title deed of the suit, property to the plaintiff. The plaintiff also caused issuance of legal notice prior to filing of the suit. 3. The defendant No.1 contested the suit by filin...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... 13. Confession under section 164 of the Code of Criminal Procedure of an accused immediately after he is produced from a prolonged police custody shall not ipso facto render it inadmissible as illegal unless police persecution and torture is alleged. In the instant case the accused respondent ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....emption as prayed for by the writ petitioner. 5. Eventually the High Court Division by the impugned judgment and order dated 12.2.2008 discharged the rule on the ground that the NBR committed no illegality in refusing to exercise its discretion to waive the requirement of the writ petitioner to d......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....o. 113 of 1991. In the plaint of the partition suit it was stated that the suit property belonged to Sheikh Nazimddin who died leaving behind one son, Abdur Rahman and one daughter, Amirjan as his legal heirs and successors. Defendant No. 8 Ful Mehar Bibi was one of daughters of Amirjan, daughte...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Forest, Dhaka 2 BLC (AD) 56; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Goeenur and others 35 DLR (AD) 216; Rafizuddin Ahmed Vs. Mongla Barman and others 43 DLR......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....or apparent on the face of the record calling for a review of the order. 7. Mr. Md. Aftab Hossain, learned Advocate-on-Record for the respondents, has hardly anything to assail this obvious legal position. Also there is nothing in the written statement to show that the plaintiff was prof&......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....lso the case of the plaintiff that 25 years lease of Nawab Khawja Habubullah Bahadur ended on 1.3.1977 whereupon defendant No. 3 Dhaka Nawab Waqf Estate became absolute owner of the suit land and was legally entitled to rent payable by defendant Nos. 1 and 2 which was raised to Tk. 600/- per month i......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performance of contract and the deed of transfer obtained on the basis of the said decree are illegal null and void on the averments, inter alia , that the suit property belonged to one Lala Ram S......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
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....es that the plan was obtained by the plaintiff from the local Pourshava authority which was approved by the Subdivisional Officer and was passed by the Chairman of the Pourshava who were the admitted legal authority for the purpose and as such the plaintiff also could prove bonafide requirement of t......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....ourt Division had fallen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having not served the Bureau by joining in Dhaka office was not legally entitled to any salary or benefits etc. particularly when he had admittedly carried on......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
.... with the rider that those will be paid as soon as their accounts are finalised. The writ petitioners waited for long 17 months but the Corporation did not pay their arrear dues rather kept them illegally out of employment of the Corporation from the date of submission of their respective applic......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)
....a vague and infinity ground, and no attempt was made at any stage of these case to make out precisely the reasons for holding that the publication of compensation assessment rolls was open to any legal exception. If however, there be any such defeat in the proceedings which culminate......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
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....ree in question was corrected by the trial Court on 3.9.96 upon accepting the deficit court fees from the plaintiff decree holders and as such the learned Judges of the High Court Division acted illegally and not treating that the appellants although preferred the appeal on 24.4.96 the appeal in...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
.... judgment and order dated 10-1-93. The respondents' appeal, A.A.T. Appeal No. 17 of 1993, was allowed by the Administrative Appellate Tribunal on 12-4-94 on the ground that the Sonali Bank, a legal entity capable of suing and of being sued, having not been made a party the appellant's A.T. ......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
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... that the vendor of the plaintiff transferred the land while she (the vendor) was not in possession. The finding of the High Court Division as regard the possession of the land in suit is not legally well founded. 10. The learned Advocate-on-record representing the Responde......ade 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: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....sider the submission that the learned Single Bench of the High Court Division in passing the impugned judgment did not consider the over all supervisory control of the father, the natural legal guardian and hence did not make any provision for the father to see the minors at suitable in......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)
....he High Court Division in Writ Petition No. 1465 of 1991 and the rule was made absolute declaring the order of the Additional Deputy Commissioner (Revenue) to be without lawful authority and of no legal effect. After the judgment and order in the aforesaid writ petition the Additional Deputy Com......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
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....be mentioned here that the lower Appellate Court allowed the appeals and refused pre-emption mainly on the ground of limitation. But in coming to this finding the lower Appellate Court ignored the legal provisions that limitation starts from the data of registration of the sale-deeds, exts.......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....quo;s Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses Act are clear enough to dictate that any investigation or legal proceedings started under the repealed statute, will not be affected by the subsequent repeal......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....ends, is totally uncalled for. Mr. Pal next contends that both the trial Court and the lower Appellate Court concurrently found. That the consideration was paid, but this finding of fact has been illegally disturbed in second appeal causing miscarriage of justice. Mr. Pal further contends that......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...Category: Property Law | Date: | Hits: 40
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