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Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....(1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....t and to invite fresh bid and accordingly, the appellant withdrew the letter of intent and, there had been no arbitrariness or unlawfulness in the withdrawal of the letter of intent and, on the other hand, if the respondent No.1 was given the contract to supply the generators carrying those by sea, ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....s Referred to- Ram Charan and others Vs. The State of UP, AIR 1968 (SC) 1270; Balak Ram and another Vs. State of UP, AIR 1974 (SC) 2165; Taleb Vs. State 19 DLR (SC) 135; Abdur Rashid Khondker Vs. Chandu Master and others 16 DLR (SC) 605; Charan Singh Vs. State of Haryana AIR 1971 (SC) 1554; State......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
.... to put an end to criminal prosecution once and for all after the expiry of the stipulated period. 5. Mr. Md. Awlad Ali, learned Counsel for the complainant-respondent No. 1, submits, on the other hand, that there is no bar in law in entertaining a fresh complaint because the legislature has not ......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
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....oposed amendment is likely to facilitate the determination of the real questions in controversy. The main dispute in the suit appears to arise from the averments of the plaintiffs on the one hand that they had acquired right, title and interest in respect of the disputed land by vir......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. ..Category: Property Law | Date: | Hits: 36
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....e unwarranted and uncalled for and as such the said observations are required to be expunged. 7. Mr. Farooq Ahmed, the learned Advocate papering for the respondent Nos. 1 and 2, on the other hand, contended that the respondent is a registered Private Limited Company of Ban...... 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. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....s aspect committed an error of law in passing the impugned judgment which is liable to be set aside. 7. Mr. Mansur Habib, the learned Advocate appearing for the respondent No.2, on the other hand, contended that the High Court Division having applied judicial mind in consideration of ......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. ..Category: Criminal Law | Date: | Hits: 41
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....ssing the impugned judgment and order reversing those of the Subordinate Judge who readmitted and restored the appeal. 5. Mr. M.A. Samad, learned Senior Advocate on the other hand appearing for the respondent supports the impugned judgment and submits that there is no ...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....ies and obtained licensee but could not start banking business within the time allowed and time for a short period was allowed for commencement of banking business. The respondent on the other hand did not complete formalities in order to be eligible to apply for license to the Bangladesh Ba......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. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....servant at any time after he has completed twenty-five years of service without assigning any reason." 26. Regulation 11A (2) of the Regulations as amended up-to-date, on the other hand, reads as under: "The Corporation may, if it considers expedient so to do, r......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....espondent has totally failed to discharge this responsibility and thus the High Court Division erred in discharging the rule. 15. Mr. A.J. Mohammad Ali, learned Attorney General on the other hand appearing on behalf of the respondents opposes the petitions. He refers to the notice iss......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....es Referred to- Bengal Jute Mills Vs. Jecoraj Hiralal, AIR 1943 (Cal) 13; Wali Md. V. Iskak Ali (judgment by Acting CJ Sulaiman) AIR 1931 (All) 507 (SB); All India Reporter Limited, Bombay Vs. Ramchandra Dhondo Dater, AIR 1961 (Bom) 292; Ali Mohammad Vs. Jagannath Prasad, AIR 1928 (All) 66; The P......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
...., not Ext. 4 which is only a supporting evidence. The defendants have no burden to prove their alternative story with regard to the creation of Ext.4…………………(17) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. ...... 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. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....ffs asked the defendant Nos.1-4 to vacate the suit land but the defendants did not vacate and finally refused in ASHWIN, 1379 B.S. Hence the suit. 10. The defendant No.1's case, on the other hand, is that the superior landlords never auction the purchased land and landlord neve......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....anaged to get the suit land recorded in their names during the last S.A. Operation but the plaintiffs have been possessing the suit land as before. The case of the contesting defendants, on the other hand, is that Saku Sarder and Hossain Sarder took loan from Tayebuddin Biswas, the predecessor-in-in......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: ..Category: Property Law | Date: | Hits: 26
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....Code. Learned Advocate, therefore, argues that provisions in the Code shall apply to the appellant's trial under the Act. 5. Mr. B. Hossain, learned Deputy Attorney General, contends, on the other hand, that as the proceedings against the appellant having been instituted under the Act, which is......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
.... is not permissible. We have no quarrel with the principle laid down in the aforesaid decision but we would like to point out what Lord Somervell of Harrow has observed: "There are, on the other hand, many administrative duties which cannot be delegated. Appointment to an office or position i......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...Category: Election Law | Date: | Hits: 146
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....ny fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....01.1998 as alleged and the Respondent No.1 did not attend such meeting and that no meeting of the Board of Directors was held on 20.01.1998 and that the respondent No.7, Zillur Rahman Chowdhury has handed over all the documents of the Company to the Managing Director of the Company on his resi......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... the Superintendent of the Madrasha had no locus standi even to file and maintain the writ petition. 8. Dr. A. K. M. Mohammad Ali, learned Advocate appearing for the petitioner on the other hand submits that the High Court Division Committed error in holding that the petitioner described ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
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