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AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......Court Division after hearing by the order dated 17.07.1994 issued Rule calling for the record and stayed the operation of the impugned judgment and decree passed by the lower appellate Court for a period of 4(four) months. The petitioners, subsequently, on different dates obtained order of ..Category: Property Law | Date: | Hits: 32
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......Judge by an order dated 24.5.92 dismissed the said Misc. Case holding, inter alia, that the case was barred by 19 days and that the defendant appellants could not explain the delay, specially for the period from 1.1.92 to 8.1.92, and that they also failed to show sufficient cause preventing them fro..Category: Limitation Law | Date: | Hits: 166
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......gonj District. He got lease of all those beels for 3 years from 1401 to 1403 B.S. Due to certain litigations the Government could not hand over possession of all the beels to him for the said lease period and thereby he faced great loss. In the circumstances, he prayed for lease of the said fish..Category: Property Law | Date: | Hits: 34
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... on the principle propounded by the Privy Council in the case previously cited at AIR 1927 (PC) 1, namely, that upto the date of the preliminary mortgage decree and also upto the further period of grace which Court gave to the mortgagor for redeeming the mortgage, interest was in ..Category: Property Law | Date: | Hits: 28
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......fficer-in-Charge of Mirpur Police Station from 15.4.1996 to 29.10.1997 and the proforma respondent No. 2 was the Assistant Commissioner, Abandoned Property Management Board, Dhaka during the relevant period. 3. The respondent No. 1 filed the above Criminal Misc (Contempt) Case No. 386 of 1997 aga..Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... view was taken. It was held that the alternative remedy provided under section 194 of the Customs Act, 1969 is not an equally efficacious remedy under Article 102(2) of our constitution because it stipulated deposit of 50% of the amount of penalty or the duty demanded as condition precedent. Subs......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..Category: Trust/Waqf Law | Date: | Hits: 190
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....ently he was put under suspension consequent to the report of a departmental enquiry committee, but the appointing Authority failed to communicate the charge sheet to the respondent within the stipulated period of thirty days from the date of framing of the charge as required under Rule 46(...... put under suspension consequent to the report of a departmental enquiry committee, but the appointing Authority failed to communicate the charge sheet to the respondent within the stipulated period of thirty days from the date of framing of the charge as required under Rule 46(2) of WASA E..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ssion of the fishery under the said lease, the Director of Fisheries (defendant No. 2), by an order dated 5 October 1981, leased out the said fishery to respondent defendant No. 1 for the same period, more or less; that is why the plaintiffs filed the suit praying, among other things, ..Category: Property Law | Date: | Hits: 32
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......pellant's Advocate Mr. Abdul Mannan Khan had appeared in the Rule in the High Court Division and prayed for adjournment of the hearing of the same. 8. It appears that during the transitional period of setting up Benches of the High Court Division outside the capital the case record of the ..Category: Property Law | Date: | Hits: 30
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......d. Accordingly he refunded the money taken on 10.5.89. Thereafter on 11.5.89 a letter of reinstatement was issued allowing him to join in service on condition that he would not get any salary for a period of 13 months 4 days so long he had been out of service. In pursuance thereof he joined..Category: Labour and Industrial Law | Date: | Hits: 105
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. ......' be prepared in the name of the appellant in respect of the plots in question and that if any body was aggrieved by the order might seek redress in the competent court of law within the statutory period of 6 weeks from the date of the order. All concerned were to be informed. 7. Accordin..Category: Property Law | Date: | Hits: 28
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......post of kanungos to the second class gazetted post. As upgradation has been finally been made by the gazette notification dated 10.7.1997 the Government cannot remain idle for indefinite period to give effect to the said gazette notification. Already more than 6(six) years have el..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....of Property Act. 9. It appears that the High Court Division held that the cancellation of the lease in favour of Abul Hashem Khan was illegal in that no notice was given for cancellation as stipulated in the lease. In the absence of such notice the cancellation was illegal as being agains......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. ..Category: Property Law | Date: | Hits: 30
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......ed with the same endorsement. The complainant issued legal notice on 25.4.2006 under registered post and also through courier service which accuseds received on 27.4.2006 and after waiting for the period mentioned in the legal notice, the petition of complaint was lodged. Thereafter the accuseds..Category: Criminal Law | Date: | Hits: 47
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.......d the said application for condonation of delay and have heard the learned Counsels of the parties. On perusal of the statements made in the petition seeking condonation of delay, it is seen that the period of delay in filing the Criminal Petition for Leave to Appeal has sufficiently been explained ..Category: Criminal Law | Date: | Hits: 51
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....he bainapatra the said defendant Mir Ahmed did not come forward to execute and register the sale deed although the plaintiff offered the balance of the consideration money several times within the stipulated period and hence the suit. 3. During the pendency of the said suit the respondent......ra the said defendant Mir Ahmed did not come forward to execute and register the sale deed although the plaintiff offered the balance of the consideration money several times within the stipulated period and hence the suit. 3. During the pendency of the said suit the respondent No.1 (defe..Category: Property Law | Date: | Hits: 36
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ...... because he does not qualify even as a 'public servant' as defined in section 2(d). By definition a person is not a 'public servant' who is an employee in or under a project set up for a temporary period for specified purposes [Section 2(d) (iv)]. He has argued that as the project of Population ..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....r temporarily suspended the plan till disposal of the suit without cancelling the plan. Thus, RAJUK was within its jurisdiction to temporarily suspend the sanctioned plan as per the condition stipulated in the plan as a dispute really arose over title and possessor interest of the parties. ......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..Category: Property Law | Date: | Hits: 35
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ...... Administrative Appellate Tribunal relied on a document which had no evidentiary value in the eye of law. He further submits that there is no evidence that respondent No.1 during the liberation period did not receive any salary from the Government of Pakistan and as such the finding of the A..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......cial Tribunal Judge No. 3 and prayed for bail which was rejected and the appellant is in custody since 6.2.2001. Subsequently the appellant intended to file a regular appeal but since the statutory period for filing appeal expired, the petitioner had to file application under section 561A of the..Category: Criminal Law | Date: | Hits: 70
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