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M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......shy;erty under President's Order No. 16 of 1972 and it was notified in the Gazette and on 3rd April, 1975 an administrator was appointed by the Government to look after the property and as the same action had not been in accordance with law the Government of Bangladesh had entered into an agreem..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......use of concealment of facts as to filing of Title Suit No. 352 of 2000 and Title Appeal No. 120 of 2002 challenging his transfer from BARI to Bangladesh Agriculture Institute, which is the cause of action in the writ petition. He further submits that the facts of dismissal of Title Suit as well ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......ed is seriously depricable. In the totality of the facts and circumstances of the matter, i.e., filing of writ petition primarily to get the writ petitioner enlarged on bail, it is quite evident that action of the tadbirker of the writ petitioner was indiscreet one and such resort is highly depricab..Category: Criminal Law | Date: | Hits: 51
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......e suit cannot be adjudicated in their absence. Eastern Bank Ltd. purposefully filed the aforesaid application for addition of parties with a view to delaying the disposal of the suit. The aforesaid action and conduct of the Eastern Bank Ltd. is an abuse of process of the Court and thereupon heari..Category: Others | Date: | Hits: 95
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ...... the submission on behalf of the appellant "that a 'debt' is property and is heritable and it is treated as property under Section 3 and 130 of the Transfer of Property Act which calls it an 'actionable claim' and ornaments taken from the Jewellery shop of the petitioner's father and seized..Category: Property Law | Date: | Hits: 39
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... of Title Suit No. 360 of 1979, (later on renumbered as Title Suit No. 39 of 1993) wherein defendant No. 1 is one of the defendants and thus the said suit being pending there is absence of cause of action and as such the suit of the plaintiffs is liable to be dismissed. 5. The trial Court held ..Category: Property Law | Date: | Hits: 67
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......ng its earlier decision as to petitioner herein accepted his bid as responsive bid. In the background of the aforesaid fact the Respondent No.1 represented to the Chairman of the PDB protesting its action but inspite of that PDB and its officials issued letter of intent on 17th April, 2000 to the..Category: Procedural Law | Date: | Hits: 83
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......948. Having regard to provision of law and on perusal of other materials on record we are of the view that under the facts and circumstances of the case the plaintiff respondent has/had no cause of action to file the suit rather the suit itself is not only barred by law but also barred under the ..Category: Property Law | Date: | Hits: 22
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......-emption pre-emptee appellant and the respondent No. 4 collusively described the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a colorable transaction upon showing exchange of 'ka' schedule land in favour of pre-emptee for 'kha' schedule land ..Category: Property Law | Date: | Hits: 44
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....anj and in this capacity he served at many stations and lastly, while working as Sub-Assistant Engineer on 11.1.1996 he was suspended from service and by order dated 22.1.1996 he was asked to show Cause why disciplinary action should not be taken against him as he obtained only 47.78 marks out o...... Resident Engineer at Nokia Electric Supply, Sherpur. Thereafter on 11.1.1996 the petitioner was suspended from service by notice dated 11.1.1996 and was asked to show cause as to why disciplinary action should not be taken against him as he obtained 47.78 marks out of 100 marks in the reward an..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......bank and hence the suit. 3. The defendant appellant bank contested the said suit by filling written statement denying the plaint allegations and contended, inter-alia, that there is no cause of action for filling the suit, that the suit is barred by limitation as well as by the principles of w..Category: Civil Law | Date: | Hits: 79
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......ince opposite party No. 3 drew up proceeding against the petitioner after he had joined District Police Force. Khulna on transfer he (O. P. No. 3) had no jurisdiction for taking disciplinary action against the petitioner because the provisions of Regulation No. 859 of P.R.B, and Sect..Category: Administrative Law | Date: | Hits: 103
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......submits that taking cognizance of the alleged offence by the learned Magistrate has also been illegal inasmuch as the complaint was not made within one month of the date on which the cause of action arose under Clause (c) of proviso to Section 138 of the Act. More so the complainant failing..Category: Business or Commercial Law | Date: | Hits: 138
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......of the same quarter again order was passed for eviction of the plaintiffs from the suit land and the plaintiffs on 21.7.92 came to learn that the office of the ADC (Rev) is going to take immediate action to evict the plaintiffs from the suit land with in a day or two and hence the suit. 3..Category: Property Law | Date: | Hits: 29
Commissioner of Customs Vs. Sayeed Hossain and others, 2003, 32 CLC (AD)
....the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ......basis of C & F Value but the Customs Authority directed to declare the value of the goods at the value, load value fixed earlier by the customs authority. The writ petitioners challenged the said action of the Customs Authority contending that there was no basis for fixing the value of the impor..Category: Fiscal/Taxation Law | Date: | Hits: 84
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. ...... Dagon Bhuiyan Electric Supply on being transferred from Raipur Electric Supply, where he was Resident Engineer, was server with the letter dated 23 July 1994 asking him to explain why disciplinary action under the Bangladesh Power Development Board (Employees) Service Rule, 1982, hereinafter re..Category: Employment/Service Law | Date: | Hits: 69
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......from the said land after the suit for declaration of title filed by the respondents was dismissed by the trial court, it cannot be said that the respondents were evicted from the said lands by an action under the reversed decree and the High Court Division was wrong in allowing the prayer fo..Category: Property Law | Date: | Hits: 31
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ......s area and the decision of the Government being discriminatory, the High Court Division is not correct in holding that there is no infringement of the fundamental right of the petitioner due to the action of respondents of the writ petition. The learned Counsel further submitted that the law..Category: Property Law | Date: | Hits: 22
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ...... a power of attorney in his favour; they filed written objection denying the allegations of preemptor petitioner and asserted that the pre-emptor claims for pre-emption is without any cause of action and barred by limitation; their specific case was that the case land originally belonged to..Category: Property Law | Date: | Hits: 25
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......al Nama on 15th Katrick, 1362 B.S. plaintiffs are in joint possession with co-sharers and S.A. record was not prepared correctly but it was prepared in the same of the defendants. The cause of action of the suit arose on the first part of Baishakh, 1384 B.S. when defendants denied the partit..Category: Property Law | Date: | Hits: 21
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