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Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....commenced in Bangladesh, the laws of Bangladesh have the substantial communication with the contract the law of contract of Bangladesh shall have primacy over England law though the later have been stipulated that though the law of England has been stipulated the governing law of the contrac......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ...... they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard agre..Category: Property Law | Date: | Hits: 22
Alaluddin Vs. State, 1999, 28 CLC (AD)
....ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ......hellip;…………….Respondent Judgment May 30, 1999. The Code of Criminal Procedure, 1898 (V of 1898) Section 498 In case of appeal against a short period of sentence bail should be ordinarily granted in the exercise of a proper discretion&hellip..Category: Criminal Law | Date: | Hits: 50
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......t facts are that the petitioners are class three and class four employees of the Jatiya Sangshad Sachibalay and they have been serving as Typist, Diarist, Messenger, Security Guard etc. for a long period on daily basis (year to year). Some of the petitioners, who were appointed before 1994, were..Category: Employment/Service Law | Date: | Hits: 70
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......ed to the plaintiff and since then the plaintiff, by constructing his residence and godown in the suit land, had been possessing the same adversely to the exclusion of all for more than the statutory period of limitation; further the plaintiffs having paid all rents and taxes also acquired indefea..Category: Property Law | Date: | Hits: 39
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......sanctioned posts as contained in Project Proforma approved by the Government and the writ petitioners; were appointed merely as supporting hands for implementation of Phase-I of the Project for the period from July 1991 of 30th June, 2002 and they were appointed in Phase-I of the Project ab..Category: Constitutional Law | Date: | Hits: 146
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......has arisen. He emphasizes that the doctrine of necessity is applicable in the present case to justify issuance of the order of detention in view of the law and order situation prevailing during the period. In this connection he has also referred to the decision in the reference by Governor Gener..Category: Procedural Law | Date: | Hits: 107
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......elates to the accused Respondent. 2. The facts, in short, are that the accused respondent served as a Junior Accountant during the period for 01.09.1986 to 14.07.1990 and Abdus Salam Khan, Cashier of the Central Telegraph Office,..Category: Criminal Law | Date: | Hits: 62
Nantu Vs. State, 2007, 36 CLC (AD)
....the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......ctions 302/149 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Tk. 5000/- each, in default to suffer rigorous imprisonment for a further period of 2 years and convicting them under Sections 201/34 of the Penal Code and sentencing each o..Category: Criminal Law | Date: | Hits: 37
Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)
....n. There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 147. ......aid prayer by order dated 19.9.2000. Subsequently the petitioner again filed two applications on 25.9.2000 praying for staying further proceeding of the said execution case for a limited period in order to enable him to move tie High Court Division. The learned Subordinate Judge reject..Category: Civil Law | Date: | Hits: 88
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......urt Division in Writ Petition No. 4901 of 2002 making the rule absolute directing the respondents to issue clearance permit in respect of 10 (ten) re-conditioned vehicles imported by him within a period of 10 (ten) days from the receipt of the judgment. 2. The respondent filed the said Writ P..Category: Business or Commercial Law | Date: | Hits: 139
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ...... from 1339-1400 B.S. and neither the plaintiffs predecessor nor the plaintiffs took any step for establishment of their title and recovery of possession of the suit lands within the statutory period of limitation and hence the plaintiffs suit is barred by limitation and they are not en..Category: Property Law | Date: | Hits: 27
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......d the High Court Division also fell in error in not holding that the possession of the pre-emptors in a small tin hut was on the basis of licence granted by the pre-emptee appellant for a temporary period on compassionate ground. 7. The learned Advocate-on-Record for the respondent s..Category: Property Law | Date: | Hits: 21
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....igh Court Division erred in failing to consider that the respondent No. 1, writ petitioner, could not itself satisfy the requirements of clause 6.1 of the ITB with regard to its turnover up to the stipulated amount for the last five years. Consequently, it is submitted, the bid of the respo......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......s to be resorted in exceptional circumstances when the defendant avoids to receive the summons or keeps out of the way, so that, the summons cannot be served and the case dragged on for indefinite period. In such view of the matter, the findings and decisions of the High Court Division are liabl..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......o misusing the order of stay dated 2.7.97 passed by the Appellate Division in C.M.R No. 258 of 1997, did not repay the loan within sixty days as directed in the notice dated 3.9.95 and during this period he illegally functioned as a director of National Bank Ltd and so the High Court Division ri..Category: Banking Law | Date: | Hits: 112
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......Sarwar Aaman 150 15% Total Shares 1000 100% The company is a 100% export oriented joint venture; the petitioner was appointed as its first managing director for a period of one year as is evident from Article 30 of the articles of association of the company and h..Category: Business or Commercial Law | Date: | Hits: 151
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......dant-petitioner-firm, M/s. Abul Hossain and Brothers approached the plaintiff-Bank on 09-06-1993 for financial assistance and accordingly the said Bank sanctioned Tk. 15,00,000/- on 22-09-1993. The period of payment(sanction period) was up to 31-08-1994; and for which the petitioner executed neces..Category: Banking Law | Date: | Hits: 85
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......ing her as respondent in the writ petition and also directing the respondent No. 3 not to disturb the writ petitioner's possession in the land as mentioned in the petition till expiry of his lease period. 2. Short facts are that the petitioner filed the above mentioned writ petition chal&..Category: Property Law | Date: | Hits: 52
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
.... defendants contested the suit by filing written statements denying the material allegations made in the plaint and contending that the plaintiff did not repay the loans within the period stipulated; there was no promise on the part of the defendants to give further loan to the plaintif......2/-The defendants contested the suit by filing written statements denying the material allegations made in the plaint and contending that the plaintiff did not repay the loans within the period stipulated; there was no promise on the part of the defendants to give further loan to the p..Category: Business or Commercial Law | Date: | Hits: 75
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