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Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....l being installed in various places without following the above guide-lines in spite of full awareness of the severity of arsenic contaminated water; respondents Nos.1 and 4 have failed to provide alternative water resource and further, the installation of new tubewells are continuing without te......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......er liberation and that the oral gift by Sahera Khatun was genuine, rather her whereabouts were not known and oral gift was not genuine." 9. The learned Counsel for the petitioner in support of the prayer for review of the judgment of this Court urged that this Court made an error apparent on the ..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
.... the writ-petitioner that when Recruitment Rules, 1980 was framed there was no gradation and the qualification as regard the post of Engineer and Ship Surveyor of Inland ships was one of the three alternatives mentioned in the schedule but on January 23, 1986 the schedule of the Recruitment......of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 was not made to favour anybody or to deprive anybody". 6. The learned Counsel submits in support of the prayer for review of the judgment dated December 4, 2000 that lapse of time will be no bar to chall..Category: Employment/Service Law | Date: | Hits: 76
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
.... but the legal effect of the above-quoted words in section 339C and the provisions of section 249 remains the same, namely, that the same proceeding can be revived by a legislative mandate or, in the alternative, a fresh proceeding can be instituted on the same allegations. It appears to us that s......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......e suit within 12 years from the date on which the soleh decree became unenforceable seeking recovery of khas possession and, as such, plaintiff's suit is not barred by limitation, that plaintiff's prayer for confiscation of the earnest money and for return of the amount received as rent from the..Category: Property Law | Date: | Hits: 94
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......nch of the High Court Division, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent for amendment of the additional written statement filed by the said respo..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......ation made by any of the parties. In the present case the case was taken up on 9-5-77 and certain papers were marked Exhibits to which the appellant raised objection and filed a petition on 9-5-77 prayer for not marking certain papers and news paper cuttings as exhibit in the case and paved for ..Category: Election Law | Date: | Hits: 122
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......said F.I.R, Police started investigation and during the investigation, the accused-respondent No.1, Anisuzzaman Chowdhury filed an application before the Magistrate 1st Class, Bagerhat with a prayer for taking back the seized goods. The Magistrate upon hearing the parties directed to releas..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......ons being on bail submitted an application for recall of P.ws.1-3, which was opposed by the prosecution. The learned Judge of Druto Bichar Tribunal, Rajshahi by order dated 04-05-2005 rejected the prayer for such recall with a finding that the defence crosses examined the P.ws at length. It was..Category: Criminal Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......ncluding the respondent in the said case and the investigating officer prayed for release of those persons from the said case on 20-07-1998 and the learned Magistrate was pleased to accept the said prayer on that date. Thereafter, the Director General, Department of Narcotics Control wrote letter..Category: Criminal Law | Date: | Hits: 90
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......r as to costs. The respondent No.1 may however approach the authority concerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......ing pending against the appellants by the impugned order. Leave was granted to consider whether the High Court Division took a proper view of the facts and law involved in the case in rejecting the prayer for quashing of the proceeding. 4. The learned Advocate for the appellants has drawn our a..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......it No. 555 of 1985 in the First Court of Subordinate Judge, Dhaka which was, on transfer, re-numbered as Title Suit No. 269 of 1987 in the 3rd Court of Subordinate Judge, Dhaka. There were three main prayers of the plaintiffs in the said suit which are as follows: (a) that a decree declaring that..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....The appeal is dismissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as to how he put his signature in the document, onus lies on the defendant to prov...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......th which they came over the Waqf property and staying there till today are not "person interested in a waqf although temporarily some of them may be "person interested in a waqf while they are saying prayer or performing any religious rite in a mosque etc. The position of the appellants in the light..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......he defendants. 12. The defendants during trial put forward a new plea that after the institution of the suit, the plaintiffs took forcible possession of the suit land in 1976 when the defendants' prayer for temporary injunction was vacated. It is undisputed that the defendants did not inform thi..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......diqui in favour of the defendant Nos. 1 and 2 are illegal, void and not binding upon the plaintiff (the last relief Was inserted in pursuant to the order of the Court dated November 19, 1988 allowing prayer for amendment of the plaint). The application seeking amendment of the plaint was filed on Ju..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ...... before us. It appears that on 24.11.1996 plaintiff respondents filed an application under Order 1 rule 10 of the Code of Civil Procedure praying to implead the appellant as defendant No.4 and the prayer was allowed accordingly impleading the appellant as defendant No.4 amending the plaint. On 2..Category: Property Law | Date: | Hits: 40
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ...... Procedure, 1898 (V of 1898), section 498 Judicial decorum Prayer for expunging certain observations of Division Bench of the High Court Division in Criminal Appeal No. 13 of 1989 rejecting the prayer for bail of the appellants was considered with findings that further application for bail is ..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....hich corresponds to Articles 33, 34 and 35 of the Order. It has been held that, "Upon a careful examination of those provisions we are unable to agree that the ordinance provides these methods as alternative methods of enforcing the claims of the Bank. Section 40 itself indicates that the taki......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
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