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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. ......lt and on 6.10.98 when Misc. Case No. 23 of 1998 under Order IX Rule 9 of the Code of Civil Procedure was filed for restoration which was also dismissed on 5.9.89, the High Court Division erred in holding that orders and action by Annexures D, D1 and D2 dated 1.12.97, 10.3.98 and 23.8.98 were ba..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ...... the Criminal Law Amendment Act, 1958 and if any offence has at all been committed the same is triable by the ordinary Criminal Court. The High Court Division, therefore, committed error of law in holding that the Managing Director or an employee of a Private Company is a public servant wit..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......istered patta dated 19.11.1940 and the rest having been inherited by the appellant and the entire Khatian was recorded in the name of the appellant, the High Court Division erred in law in not holding that the suit for declaration of title is not maintainable and that Ext. A registered ..Category: Property Law | Date: | Hits: 29
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......side the judgment and order dated October 7, 1987 passed in Settlement Case No. 526 of 1987 (ka-1005 Mirpur Section 1 and 2 ) Holding No. 2-E/5-2 Mirpur, Dhaka. 3. Facts, in short, are that case holding was leased out on October 26, 1962 to one S.K. Rezvi, who died in 1965 leaving behind wife B..Category: Property Law | Date: | Hits: 29
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. ......e and the facts of the case, the impugned judgment of the High Court Division rejecting the prayer for amendment cannot be supported. The High Court Division fell into an error, they submitted, by holding that the nature and character of the suit were changed by making it also a "suit ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......hy;ing the Rule absolute. 2. The short fact leading to this petition is that respondent Mst. Shiuli Begum filed Case No. 16 of 1987 in the Court of Settlement stating, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Governm..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ...... of notice to show cause before cancellation of license being applicable only in case of Nikah Registrar who has been issued license under the aforesaid Rule 5(4), the High Court Division erred in holding that cancellation of license of the respondent No. 1 is not legal for want of notice of sho..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
.... Bhattacherjee and his three other brothers by registered kabala on 03.02.1941 vide Exb.2; Later on said Rajkumar Bhattacherjee and his three other brothers settled the said 30 decimals of land for agricultural purpose to Ahmed Brpari in Poush 1357 B.S and delivered possession of the same to......urbing the defendant respondents permanently from disturbing the peaceful possession of the plaintiff and her enjoyment of the suit land. 3. Plaintiff's case, in short, is that the suit holding belonged to Sheikh Piru who was the owner the land of C.S. Khatian No. 639 bearing the suit..Category: Property Law | Date: | Hits: 31
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. ......rges and that Enquiry officer held enquiry in presence of the respondent No. 2 and afforded him all opportunity to cross-examine the witness and also to defend him that Labour court was in error in holding that the complaint case was maintainable since there was sufficient materials on recor..Category: Labour and Industrial Law | Date: | Hits: 79
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......reinbefore. 8. As against the judgment and order of the High Court Division the writ respondents came with petition for leave to appeal contending that the High Court Division was wrong in holding that on the date of opening of the Letter of Credit the writ petitioner acquired vested rig..Category: Fiscal/Taxation Law | Date: | Hits: 74
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....I. School, his cause may be considered but without any result. By this time, the Bangladesh Agricultural Institute where the writ petitioner was deputed was abolished and upgraded as Sher-E-Bangla agricultural University on 11.9.2001. According to the provision provided in Section 59(2)(Ja)of Sh......e B.A.R.I. authority already prepared working paper to promote Mr. Md. Mostafizur Rahman, Assistant Director (Common Service) in the post of Senior Assistant Director (Administration) who has been holding the said post by current charge. In this regard B.A.R.I. invited a Departmental Promotion C..Category: Employment/Service Law | Date: | Hits: 89
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......ation, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the witnesses and..Category: Criminal Law | Date: | Hits: 47
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. ......ted that the impugned order dated 25.2.1988 is in keeping with the policy and decision of the Government as mentioned in the said memo dated 15.12.1985 and the Appellate Tribunal was wrong in holding that the statement in the impugned order that the respondent was not a 'surplus' officer wa..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....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. ......ting civil suit between the parties, RAJUK could temporarily suspend the construction under the plan. 7. Leave was also granted to consider whether the High Court Division was wrong in not holding that the sanctioning authorities usurped the power of the civil court and wrongly susp..Category: Property Law | Date: | Hits: 35
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. ......o. 105 of 1997 before this Division against the impugned judgment of the High Court Division. After hearing the parties this Division allowed the same by its judgment and order dated 7-12-1998 and holding inter alia, that the deposit in question made by the present respondent No. 2-SABINCOisaloa..Category: Others | Date: | Hits: 95
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. ......of 1991. The appellant did not contest the above case before the Administrative Tribunal. After hearing by judgment and order dated 14.2.1996 the Administrative Tribunal dismissed the case ex parte holding that allegations brought against the respondent have been proved in the enquiry and there w..Category: Administrative Law | Date: | Hits: 94
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. ......ration and on the contrary he showed allegiance to the Government of Pakistan and so his two years ante-dated seniority was cancelled. 4. The Administrative Tribunal dismissed the case holding that respondent No.1 was not a freedom fighter and so the appellant did not commit any ille..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. ...... 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. ..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. ...... not to have proceeded with the application under Section 476 of the Code of Criminal Procedure and also the submission that the High Court Division had no jurisdiction to pass an observation holding that the respondents may lodge an F.I.R. with Ramna Police Station if so advised against th..Category: Criminal Law | Date: | Hits: 49
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. ......rney in the instant case. 5. The succession certificate was granted by the District Delegate. The judgment and order granting succession certificate was set aside by the High Court Division holding primarily that no succession certificate could be granted of those ornaments as those were ..Category: Property Law | Date: | Hits: 39
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