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Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......le Bench of the High Court Division in Civil Revision No. 4869 of 2000 discharging the Rule obtained against the judgment and decree dated September 22, 1996 of the Court of Subordinate Judge (now Joint District Judge) and Artha Rin Adalat, Pabna in Other Class Appeal No. 199 of 1993 dismissing ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......tion in of the committee to look after the Mazar is void. 4. The appellant and some members of Mazar committee filed Other Suit No.48 of. 1990 in the 2nd Court of Subordinate Judge (now Joint District Judge), (subsequently renumbered Other Suit No. 252 of 1999 in the 3rd Court of......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......four lac and forty thousand) and the accused petitioner thus made false statement in the annual return of the company, knowingly and therefore committed offence punishable under Section 397 of the Companies Act, 1994 (the Act). The learned Chief Metropolitan magistrate directed a judicial inquir..Category: Criminal Law | Date: | Hits: 29
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......Division on 15-12-90 under section 196 of the Act, which was rejected by an order, dated 23-5-91. Following the cyclone and tidal surge of 1991 the appellant submitted a representation to the Joint Collector of Customs, Chittagong on 12-5-91 for ascertaining the resultant damage by a joint ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......rt Division in First Appeal Nos. 32 of 1994, 92 of 1994 and 147 of 1994 disposing of the same and setting aside the judgment and decree dated 22-6-1993 passed by the learned Subordinate Judge (now Joint District Judge), Artha Rin Adalat, Sylhet in Title Suit No. 71 of 1991 dismissing the suit. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ...... in an order and the same cannot also be called in question before any court of law or authority. The aforesaid sections 6(1) and 7 are reproduced below: in Bengali 10. Joint reading of sections 6(1) and 7 of the Act shows that all judgment and order not being a decre......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......pectively recalling the writ appointing receiver and also the order No.9 dated 1.12.2002 rejecting the prayer for stay of the above orders dated 26.11.2002 and 28.11.2002, all passed by the learned Joint District Judge, 3rd Court, Dhaka in Title Suit No. 174 of 2002. 2. Brief facts are tha......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......04 passed by the High Court Division in Civil Revision No. 3656 of 2003 making the Rule absolute. 2. The predecessor of the plaintiff instituted Title Suit No.47 of 1999 in the 2nd Court of Joint District Judge at Narayangonj for simple declaration of title in respect of suit land against......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....ious offence making him liable for prosecution under Section 195(1) (c) read with Section 476 of the Code of Criminal Procedure and directed the deed in question to be impounded and also directed the Registrar to take the document in his custody and send the same in safe cover to the Fifth Court of ......to appeal is directed against the judgment and order dated 20.04.2004 passed by the High Court Division in First Appeal No. 68 of 2002 affirming the judgment and decree dated 23.11.2001 passed by the Joint District Judge, 5th Court, Dhaka in Title Suit No.135 of 1997. 2. The facts, in short, are ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... Bench of the High Court Division in Civil Revision No.1453 of 1997 discharging the Rule and thereby affirming the judgment and decree dated 17.10.1996 passed by the learned Subordinate Judge (now Joint District Judge), 2nd Court, Jessore in Title Appeal No .24 of 1995 allowing the appeal upon r...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......be not maintainable in the Company Court rejecting an application for direction upon the respondents to serve notice of Board meeting to the appellants-Directors in compliance of section 95 of the Companies Act, 1994 to enable the appellants to attend the meeting of the Board of Directors of the..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......udgment and decree dated 21-8-1993 of the learned Additional District Judge, Bagerhat passed in Title Appeal No. 207 of 1989 affirming those of dated 28-7-1987 of the learned Subordinate Judge (now Joint District Judge), Bagerhat passed in Title Suit No. 94 of 1982 decreeing the suit. 2....... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......e of medical and other aid to the sick and wounded, and other purposes of a like nature during the First World War, and more especially for the administration of the monies and properly held by the Joint War Committee, Indian Branch, of the Order of St. John of Jerusalem in England and the British...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......ble to be thrown away in limine as the question may be agitated in framing an issue to the point. There is no ingredient of Order VII rule 11 in the application filed by the defendant. The learned Joint District Judge is fully justified in rejecting the petition….(23 & 25) Lawy......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......evision No. 5090 of 2002 making the Rule absolute. 2. Short facts are that the predecessors of the plaintiffs instituted Title Suit No. 73 of 1976 in the 1st Court of Subordinate Judge (now Joint District Judge), Comilla for declaration of title and for recovery of khas possession. The s......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......dminister justice prescribed with reference to the subject matter, pecuniary value and local limits. Barring cases in which jurisdiction is expressly conferred upon it by special statues, e.g. the Companies Act; the Banking Companies Act, the High Court of Mysore exercises appellate jurisdiction..Category: Civil Law | Date: | Hits: 119
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....ke step to prove the certified copy (although photo copy of the certified copy obtained in 1967 was filed) by calling competent witness and also by calling the register from the officer of the Sub-Registrar. The appellate Court also expressed the view that for mere non-preparation of the record ......ision No. 9824 of 1991 making the Rule absolute and thereupon decreeing the suit. The Rule was obtained against the judgment and decree dated May 16,1989 of the 2nd Court of Subordinate Judge (now Joint District Judge) Sylhet in Title Appeal No.12 of 1989 reversing the Judgment and decree dated ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
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