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Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......itle upon declaration that the decree for permanent injunction obtained on Other Suit No. 26 of 1983 is void, fraudulent and not binding. 9. An amendment may be allowed at any stage of the proceeding to alter or amend the pleading in such manner and on such terms as may be just and necess..Category: Procedural Law | Date: | Hits: 38
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ng its own finding for that of the defendant-appellate which was wholly uncalled for and without jurisdiction. The High Court Division not having found any illegality or irregularity in the in the proceeding which ended in the removal of the plaintiff from service has erred in law in settin..Category: Employment/Service Law | Date: | Hits: 69
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......ticed, became successful. The learned Judge of the High Court Division allowed the application upon the view that "at least two suit plots in the above two suits are the same and in two courts proceeding are pending and to avoid conflict of judgments and to avoid possibility of multiplicity ..Category: Property Law | Date: | Hits: 27
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ......1980. But before it was made final the appellant received almost the entire amount towards the compensation till 1 December 1984, leaving a balance of Tk. 1,064.90 only. 8. The acquisition proceeding was completed and notified in the Gazette under section 5(7) of the Act on II October 19..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......hereat, collapse of buildings, flood, inundation, earthquake, subsidence, landslide, avalanche, hurricane, cyclone, volcanic eruption or other natural catastrophes. In any action, suit or other proceeding where the insurer allege that by reason of the provisions of Exclusion as above any los..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......r restoration of the suit being pending on 6.2.2000, Writ Petition No. 588 of 2000 was not maintainable, being barred under rule 9(1) of Order IX of the Code of Civil Procedure, writ being a civil proceeding vide 1970 PLD (SC) page 1. Writ Petition No. 322 of 1977 having been finally disposed of..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....sed in Criminal Revision No. 104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code of Criminal Procedure for quashing of the proceedings out of which the above criminal revisions arose. Four Criminal Petition......Revision No. 104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code of Criminal Procedure for quashing of the proceedings out of which the above criminal revisions arose. Four Criminal Petitions of the complai..Category: Criminal Law | Date: | Hits: 40
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......ommittee Vs. O. R. Chowdhury, 31 DLR (AD) (1979) 133 this Court has laid down: "it is now well-settled that the amendment of the pleading could be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the parties,..Category: Property Law | Date: | Hits: 56
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......ith a fine of Tk. 5 lakhs in default to suffer simple imprisonment for further 5 years was not brought to the notice to the High Court Division and that the basis of allegation in the departmental proceeding was the same as in the criminal case and as such whatever may have been the irregularity..Category: Labour and Industrial Law | Date: | Hits: 79
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. ......case, the Court would have been in a position to decide whether the plaintiff had suffered any loss for the acts of the defendants in finalizing the transaction. The plaintiff instead of proceeding as such exercised it discretion unilaterally leaving nothing for the Court to decide ove..Category: Property Law | Date: | Hits: 42
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.......r passed by the High Court Division in the writ petition. 16. In that state of the matter we called upon the learned Additional Attorney General as to whether any useful purpose would be served in proceeding with hearing of the appeal and thereupon the learned Additional Attorney General submitte..Category: Criminal Law | Date: | Hits: 51
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. .......1996 the Administrative Tribunal dismissed the case ex parte holding that allegations brought against the respondent have been proved in the enquiry and there was no illegality in the departmental proceeding. The respondent then preferred the aforesaid Appeal No. 31 of 1996 and the Administrativ..Category: Administrative Law | Date: | Hits: 94
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
....dgment and order dated 1.3.2001 passed by the High Court Division in Criminal Miscellaneous Case No. 1627 of 2001 filed under section 561A of the Code of Criminal Procedure rejecting the prayer for quashing the judgment and order dated 16.2.2000 passed by the learned Special Tribunal Judge, Trib......ers Act, 1974 and then Special Case No. 17 of 1974 was registered against Nikunja Bihari and another under section 25(1) of the Special Powers Act and Nikunja Bihari challenged the validity of the proceeding taken against him in the above Special Tribunal Case No.17 of 1974 as being without any ..Category: Criminal Law | Date: | Hits: 70
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ...... were produced in First Miscellaneous Appeal No. 109 of 1996 disposed of by the said Division Bench of the High Court Division and as such section 195(1) (c) Cr.P.C are not applicable and the proceedings under section 476 of the Cr. PC. is unnecessary. 3. The High Court Division havi..Category: Criminal Law | Date: | Hits: 49
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ..Category: Procedural Law | Date: | Hits: 78
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. ......t of his submissions that in case of seeking pre-emption in the background of some kind of exceptional fact then in such a case to ascertain the real nature or kind of the transaction party in the proceeding may lead evidence to show the real nature of the transaction and the court is quite..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......l deposit which sufficiently indicates that award was made by the Collector in terms of Section 11 of the Act. Further the plaintiff without challenging the validity or otherwise of the acquisition proceeding challenged the right of the Government to lease out the suit land on the ground that he ..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......vable property from the 4th Court of Subordinate Judge, Dhaka fixing 21.10.1997 for sale of the appellant's properties whereupon he on 21.10.1997 filed an application for staying further proceeding of the execution case for enabling the appellant to bring stay from the Hon'ble Hig..Category: Procedural Law | Date: | Hits: 94
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......was not made legally. Therefore, whether the settlement was made orally or not is of little significance. In fact, it has no value in the eye of law. Further, the High Court Division has held that proceedings or Rent Suit No. 150 of 1959 has also no impact upon the claim of the plaintiff since i..Category: Property Law | Date: | Hits: 26
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. ...... Police investigated the case and submitted a report on 16.7.1984. On 30.7.1984 respondent petitioner was suspended by the Metropolitan Police Commissioner, Dhaka on the basis of that report and a proceeding drawn up against him under the Police Officers (Special Provisions) Ordinance, 1976 on a ..Category: Administrative Law | Date: | Hits: 103
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