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Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......ceable in law and no legal right can be founded on these inter-departmental communications and further, at the negotiation with both the tenderers the writ petitioner inclined to increased his bid amount while the leave petitioner increased his bid amount above the bid amount of the writ p......e tender on 18.5.2002. Although the writ petitioner became-the highest bidder amongst the two bidders, he on 11.8.2002 received a letter from the concerned authority asking him to increase the bid money of train No.411/412 and 453/454. The writ petitioner on 14:08.2002 in reply to that letter ad..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......g any aspersion or stigma upon the incumbent. But if the order of determination or retirement contains any expression from which an aspersion upon the incumbent may be reasonably inferred then it may amount to a removal and/or punishment necessitating the observance of enquiry and show cause notice,......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...Category: Employment/Service Law | Date: | Hits: 118
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......e plaintiff is required to pay ad valorem court fees on the basis of her salaries. The learned Assistant judge turned down the objection observing that the plaintiff did not pray for any specified amount of salary by way of amendment to the plaint and therefore no objective standard o...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ..Category: Employment/Service Law | Date: | Hits: 104
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......;tion filed under Sections 12(2) and 51 of the Artha Rin Adalat Ain, 2003 praying for adjustment of the outstanding loan with the sale price of the pledged goods and thereby to fix the actual claim amount in the suit. 3. The respondent-bank filed Title Suit No. 531 of 2003 for realization ...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ..Category: Civil Law | Date: | Hits: 152
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......ai). The agreed price for completion of the contractual work was fixed at Tk. 33, 61, 46, 298.00/-(Taka Thirty-Three Crores, Sixty-One Lacs, Forty-Six Thousand, Two Hundred and Ninety-Eight). This amount was offered by the said Joint Venture in its bid during a competitive tender process. The sa......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... months for registration of the necessary deed in respect of the property agreed to be sold and the plaintiff acceded to the request of the defendant No.1 on the condition that on receiving further amount out of the balance of consideration she would hand over possession of the land proposed......ant No.1 to execute and register the sale deed in respect of the property described in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of t..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
.... the Anti-Corruption department claim to exercise the powers entrusted to the former, this would not only tantamount to interference but result in complete demoralisation of the customs officers as a whole thus frustrating the very object and purpose of setting up the Customs Department, or if the o......other allied matters. To achieve this object certain powers and functions have been conferred upon the customs officials. Since the levy and collection of duties of customs are considered to be of paramount importance, sections 5 and 7 of the Act have provided for entrustment of functions of the Cus......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......herefore the execution as filed is ex facie time barred The Decree holder resisted the application contending, amongst others, that the learned Court ordered for payment of the decreetal amount in 4 equal installments within one year without specifying the dates for payment of the......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......ll as the Managing Director and Directors of the Borrower Company. 4. The respondent bank sanctioned Tk.4,18,50,000/- out of which the borrower company availed Tk.4,39,31,000/- and the loan amount was disbursed in between 30.12.1986 and 20.01.1991 and that the Textile Mills Unit went into...... 3. Facts relevant in the instant case are that the respondent No.3 bank instituted Artha Rin Suit No. 56 of 2004 in the Artha Rin Adalat, 2nd Court, Dhaka, on 20.04.2004 praying for recovery of money and for foreclosure of mortgage property stating that the petitioner as Managing Director of ..Category: Civil Law | Date: | Hits: 140
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......e marriage was consummated and after some days defendant No.1 under the influence of defendant Nos. 2-4 demanded Tk. 50,000/- as dowry from the brother of the plaintiff and when the said amount was not paid, plaintiff was sent to the house of her brother and thereafter, defendant, on ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ..Category: Criminal Law | Date: | Hits: 75
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......ale deeds but in fact the opposite party No.2 gifted the said lands to the opposite party No.1 inasmuch as they are real brothers and that the transfers were made without payment of any consideration money and the transfers were made through registered sale deeds in place of gift deeds on the advice..Category: Property Law | Date: | Hits: 33
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......ised by an Army Officer, who was on duty at the relevant time in connection with Clean Heart Operation to go to Madhabpur Police Station and to make a G.D. Entry that he was carrying the aforesaid amount in the interest of his safety, security and protection. Accordingly, the writ petitioner wen......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....e Government. In the case of Bangladesh V. Sree Sree Madan Gopal Jew and others (1981) 33 DLR (AD) 13, the Appellate Division set at rest all controversy regarding the impact of such wholesale acquisition as under- "It is to be further observed that it is now w......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......ides that every manager appointed by the Court shall have power to manage all property which may be committed to his charge, to collect the rents of the land entrusted to him, as well as all other money due to the ward, and to grant receipts therefore; and may, under the orders of the Court, gra..Category: Property Law | Date: | Hits: 67
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......for the petitioner mainly argued that as per the agreement dated 16th of April, 2006 on the basis of which the execution case was disposed of, the petitioner was at liberty to deposit the decreetal amount within 12 months from the date of judgment i.e. on 15.05.2006 but the respondent file......nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..Category: Civil Law | Date: | Hits: 109
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......s of the case, in short, are that the opposite-party No.1 as preemptor filed Miscellaneous Case No.149 of 1988 under Section 24 of the Non-Agricultural and Tenancy Act depositing 10% of the kabala money as compensation money against the pre-emptee-petitioner and others on 30-10-1988 for preempti..Category: Property Law | Date: | Hits: 27
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......ted 12.06.1998 was very much in force, wherein the Government pursuant to Section 19 of the Customs Act, 1969 exempted the payment of customs duty of the aforesaid Consignments to the extent of the amount exceeding 15%. The demand of the customs authority in the instant cases is based on the SRO......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......o sell the same to the plaintiff on 15th Falgoon 1384 B.S. at a consideration of TK.5,000.00 only and the defendant No.1 also received TK.2000.00 as bainapatra on that day out of the consideration amount in presence of Magrab Ali who was an intimate friend of the plaintiff and also negotiated an...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......y the respondent Nos. 2-5 and possession of the case land was delivered to them within the knowledge, presence and consent of the pre-emptors petitioners and that subsequently for want of money, when pre-emptee respondent Nos.2-5 wanted to sell their portion in the case land to the resp..Category: Property Law | Date: | Hits: 23
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......s available at this sate of initial appointment and of promotion. Merely because chances of promotion of the writ petitioner may be said to have bee unaffected by the impugned Rules of 1990 would not amount to denial of equality of opportunity in respect of employment as chances of promotion are n......eat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere technicalities. It is not a substitute for money relief. Nor cannot all wrongs be remedied by judicial review. See article 103(3) barring any..Category: Employment/Service Law | Date: | Hits: 118
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