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Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....at has been provided in the said two sections of the Adalat Act, the High Court Division rightly held that the counter‑claim was not maintainable. 9. During the hearing of the appeal it was not disputed by either side that the Adalat Act is a special legislation providing for special measures ......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
.... suit promises, instituted Title Suit No. 199 of 1966 in the Court of Munsif, Sunamganj against the Custodian of Enemy Property and others on the allegations that they have taken settlement of the disputed premises from Shakti Benode on behalf of three brothers and their mother Snehalata, and go......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....ons and if a Court Sitting in writ has to go through this balance sheet to come to a decision on the applicability of the proper regulations, then it converts itself into a Court for determination of disputed questions of fact. The writ petitioner challenged the impugned Memo, in a title suit but ha......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and contended that the suit is not maintainable in the present form; that the suit is barred under section 42 of the Specific Relief Act and the plaintiffs have no subsisting interest in the disputed property and that the plaintiffs were properly represented in the execution proceeding in ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....es. In Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213 where a new point, not mentioned in the petition, was allowed to be raised when accuracy of factual basis of statement was not disputed. In RJ Singh Vs. State of Delhi AIR 1971 (SC) 1552 (1553) a jurisdictional point as to whet......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....impugned orders of the CMLA passed in review, it is necessary to reiterate the position in law which is, fortunately, already settled and the learned Additional Attorney‑General has not also disputed the same. Paragraph 19 has been added to the Fourth Schedule of the Constitution under Art......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....used due to the suspension of the work for 47 days; they held the appellants responsible for this partial breach of the contract since, in terms of the contract, the appellants were bound to give undisputed possession of the site of construction. The compensation claimed in Bill No. 1 was estimat......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....ted the case by filing a written statement. It was asserted, inter alia, that in the inquiry it was proved that the respondent was guilty of gross negligence and serious irregularities in opening the disputed letters of credit in the name of fictitious persons causing huge loss to the Bank, that he ......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ion for loss of business for non payment of the balance of the price of goods supplied by the plaintiff to the defendant, and as such, the question as to interest is not of much relevance. 2. The disputed questions as to facts of the case have been concluded by concurrent findings of the trial C......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... of release, as it was not provided under any law. 9. The High Court Division observed in the impugned judgment that while considering the legality of the impugned order "we shall not go into the disputed questions of fact which might have led the petitioner (respondent herein) to make the appli...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....anised on junior and senior scale arrangements as referred to in Rule 3(a); but there is no evidence to show that their service was not earlier organised on this basis. It is their case, which is not disputed, that some of them were promoted to the post of Executive Engineer on the scales of Taka 85......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....sent case. This practice is surely not a sound one and must be discouraged except in marginal cases. When the delay is long and requires to be explained with reference to facts which are likely to be disputed, the court must make the exercise under section 5 of the Limitation Act before admitting th......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....uot; within the meaning of Article 102 of the Constitution, has no locus standi and no legal right of the petitioner has also been infringed and the allegations involved in the writ petition being disputed question of facts cannot be decided in writ jurisdiction. 4. The respondent No. 5......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....ellip;……… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the r...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ...... of CS Khatian No. 986 has been listed in SA Khatian No. 1151, that the finding of the trial Court as to pre-emptees of not being co-sharers on the ground that there was no mention of the SA khatian in the kabala (Exhibit 'Uma') in the name of the plaintiffs' father is not correct since th..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......ibed in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decision to..Category: Property Law | Date: | Hits: 51
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....eard Mr. Md. Aftab Hossain the learned Advocate-on-Record for the petitioner in both the petitions and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the petitioner's father was a tenant in the premises in respect of 106 square feet at ......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....ned Counsel for the appellants and Mr. Mahmudul Islam, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 10. It is not disputed that the pre-emptor is a co-sharer by inheritance in the case holding and the case is not ......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64