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Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....e, fell in serious error in decreeing the suit. The appeal accordingly, succeeds. 70. In the result, the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004)..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....spondent failed to prove payment to the beneficiary, their claim of negotiation of the draft and the documents failed and they are not entitled to the decree as prayed for. Their suit is liable to be dismissed. 54. Under the circumstances, the decree in the Money Suit No. 108 of 1990, in the Cour..Category: Business or Commercial Law | Date: | Hits: 202
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....nt on the ground of res judicata upon an application filed under Order 7 rule 11(d) of the Code of Civil Procedure. 2. The Court of first instance, which was affirmed by the court of appeal below, dismissed the suit on the finding that the same was barred by res judicata in that plaintiff as agai..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ied the allegations brought against him and asserted that these were totally false and frivolous. Thereafter defendant No.4 by his Memo No. 63/89 dated 11-9-89 informed the plaintiff that he had been dismissed from service with effect from 11-9-89 on the basis of the resolution dated 3-9-89 adopted ..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....prisonment for 3 months more vide judgment and order dated 29-3-97. 5. Against that, the convict appellant preferred criminal appeal No. 27 of 1997 before Sessions Judge, Comilla who after hearing dismissed the appeal vide judgment and order dated 27-10-98 affirming the judgment and order of conv..Category: Family Law | Date: | Hits: 175
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....record and after hearing the learned Advocates of both the sides we hold that there is nothing to interfere in the judgment and decree excepting of course the aforesaid and the appeal is liable to be dismissed with modification in the decree. 19. The Court fees paid are correct. 20. The appeal..Category: Civil Law | Date: | Hits: 72
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
.... the impugned order rejecting the application for withdrawal of the suit. He further submits that the plaintiff allowed the suit to be proceeded knowing full well about the defect and the trial Court dismissed the suit on contest and there is no provision for withdrawal of the suit at the stage of a..Category: Property Law | Date: | Hits: 30
Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....e the legal provisions mentioned hereinabove in the nomination of the President of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ..Category: Civil Law | Date: | Hits: 81
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....decree dated 14-9-1998 passed by Additional District Judge, Court No. 1 at Dhaka in Title Appeal No. 347 of 1991, which reversed those dated 27-7-1991 of the 3rd Court of Assistant Judge at Dhaka and dismissed the suit. 2. On 26-6-89 the plaintiff instituted a suit. being Title Suit No. 119 ..Category: Property Law | Date: | Hits: 30
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....im. Then, by a letter dated 11-11-1990 he gave reply. But the authority without giving him an opportunity of being heard, by a letter dated 5-11991 issued under the signature of the defendant No. 4 dismissed him from the service. Thereafter, he submitted a grievance petition on 6-2-1991 to the hig..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....obtained the impugned ex parte order against the Government and that order is not binding upon the present plaintiff-appellant-opposite party No. 1 Ultimately, the Other Class Suit No. 82 of 1994 was dismissed on 23-11-1996 against which the plaintiff Government) preferred appeal before the District..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....978 beyond the period of limitation i.e. long after the period of delivery of goods and, as such, the suit is hopelessly barred by limitation. The appeal therefore, succeeds. The suit is liable to be dismissed. 22. In the result, the appeal is allowed and the judgment and decree dated 18-5-19..Category: Civil Law | Date: | Hits: 87
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....sion upon consideration of the legal position rightly held that the writ petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
....ment of Customs duties and other charges on the used vehicles on the basis of Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Category: Others | Date: | Hits: 92
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....amicably with the auction purchaser by way of giving him solatium but without any response from him. On consideration of the above facts and circumstances and legal position, this Division rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for..Category: Civil Law | Date: | Hits: 85
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....sequent stage, the sale deed was registered on 12-7-1999. The pre-emptor opposite party No.1 earlier filed pre-emption Miscellaneous Case No. 32 of 1999 in the Civil Court concerned, but that was dismissed for not taking any steps. The case of the pre-emptor is bad for defect of parties. The pre..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....of defendant for payment of rest installments within 31-12-1993. According to terms of lease agreement, there is no scope to waive the premium with interest. The suit having no merit, is liable to be dismissed. 5. On the pleading following issues were settled: a) Whether the suit was m..Category: Property Law | Date: | Hits: 31
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....tary evidence in support of their respective cases. 6. The trial Court decreed the suit. The contesting defendants appealed against the decree. The lower appellate Court allowed the appeal and dismissed the suit reversing the judgment and decree passed by the trial Court. 7. Feeling ag..Category: Property Law | Date: | Hits: 25