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Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......ndate of law that notwithstanding anything contained in any other law for the time being in force, on the commencement of the Order, all suits, appeals, applications and other legal proceedings pending or continuing or deemed to be pending or continuing in any Court against t..Category: Property Law | Date: | Hits: 66
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....sued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of the Code of Criminal Procedure before the High Court Division, Dhaka for quashing of the aforesaid proceeding. A Division Bench, by the impugned judgment and order dated 21......ivision, Dhaka Bench, in Criminal Revision No. 149 of 1989). Judgment: ATM Afzal.- The appellant is an accused in a proceeding under sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the..Category: Criminal Law | Date: | Hits: 51
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......mendation is clearly outside the jurisdiction of the Ordinance III of 1959 and the rules framed thereunder". Having emphasised further that the "Governor did not make the order under any other law or proceeding" the Division Bench, held that the impugned order of retirement was in excess of the au..Category: Administrative Law | Date: | Hits: 106
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......gment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is that before or after commencement of proceeding in which judgment is given the Company had notice through the Court of brining of the pro..Category: Others | Date: | Hits: 124
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......e International Chamber of Commerce (ICC) at Paris against them depositing a portion of the fees; the respondent Nos.1 and 2 also appeared before ICC Paris in connection with the above arbitration proceeding depositing portion of the fees; on 5th August, 1988 the above respondents raised the ple..Category: Business or Commercial Law | Date: | Hits: 94
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......ng out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words free from alloy……………&h..Category: Property Law | Date: | Hits: 55
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... The Bangladesh Road Transport Corporation Employees (Service) Regulations, 1990, Regulation 55(2) The Corporation failing to remove the respondent through a proceeding and thereafter failing to send him on compulsory retirement under regulation 55(2) final..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......neral of Police, Khulna (Appellant No. 2) and the same was dismissed on 23rd April, 1996. 3. It may be mentioned the respondent at the relevant time i.e. when the disciplinary proceeding was initiated against him and was dismissed from service following said disciplinary pro..Category: Administrative Law | Date: | Hits: 116
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......search Institute (BRI, later on HBRI) in 1962 forcibly entered into some portion of the land of the Society and started construction of building.
9. The Society having failed to dissuade BRI from proceeding with the construction filed Title Suit No. 187 of 1962 in the Court of Subordinate Judge,..
Category: Property Law | Date: | Hits: 54
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......ies to bring all possible controversies between them the suit.” 11. Order VI rule 17 of the Code of Civil procedure provides that an amendment of the pleading may be allowed at any stage of the proceeding in such manner and on such terms as may be just and all such amendments shall be made may..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......avour of the plantiff on the basis of such agreement on grounds other than those mentioned in order XXVIII rule 5 of the code; the plaintiff is to take step for necessary relief in an appropriate proceeding but it is not entitled to any relief on an application as framed under order XXXVIII ru..Category: Civil Law | Date: | Hits: 115
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......, 1997. The writ petitioner has completely failed to identify any particular fundamental right which might even conceivably be affected by virtue of the fact that BRAC is not subject to bankruptcy proceedings under Bankruptcy Act, 1997. The instant writ petition in the nature of public interest ..Category: Constitutional Law | Date: | Hits: 199
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......istry of Agriculture and he was sent to New Zealand for Post Graduate training but within the period fixed he did not return to this country and was absent for more than five years. A departmental proceeding was initiated by the Director General of the aforesaid Institute and by order dated 13-1..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......as detected later and subsequently the beneficiary of the pay order deposited the entire amount of Tk.1,00,000/- and thus the bank was saved from financial loss but the bank initiated disciplinary proceeding against him and an inquiry committee was constituted who held an inquiry and gave a repo..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ........... Respondents Judgment March 12, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it i..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......t, allowed the respondent to serve physically for more than six months and allowed him to draw pay and allowance admissible under the rules. Thereby all the actions of the provisions, departmental proceeding starting from framing of the charges by order dated 16.6.91 were complete, closed and pa..Category: Administrative Law | Date: | Hits: 124
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....irector of the said Company could not file any criminal case for misappropriating the money of the Company. The appellant filed an application under section 561A of the Code of Criminal Procedure for quashing the proceeding. 4. The High Court Division upon hearing the rule held that: "Fro......or of the Company not depositing the remittance with the account of the company but depositing the same to their own account do not constitute an offence of Cheating and Criminal breach of trust. The proceeding is accordingly quashed……..(9, 10 & 11) Cases Referred to- Nasir..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......ges of the Artha Rin Adalat including that of the respondent No.5 and the appointment and posting of the respondent No. 5 being thus illegal the exercise of judicial functions by him regarding the proceeding of Title Suit No.258 of 2000 under the Adalat Act is also without lawful authority. ..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......t of Subordinate Judge, Dhaka seeking the reliefs as stated hereinbefore. The relief so sought in the title suit primarily for declarations that the decree passed in the Artha Rin Adalat case and the proceedings of the Execution case initiated in the light of the decree of the Artha Rin Adalat case ..Category: Civil Law | Date: | Hits: 130
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......e promulgation of the Constitution of Bangladesh with effect from 16th December, 1972. The Court hearing the parties rejected this contention and by an order allowed the application whereupon the proceeding of the suit abated. The appellant moved the High Court in a writ petition challenging the..Category: Others | Date: | Hits: 106
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