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Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....aining the authority from taking action in a matter which is matter for adjudication by Administrative Tribunal or in a matter adjudication whereof awaits before the Administrative Tribunal and the prayer for ad interim order was rejected by the Tribunal. 12. Sub-Section (1) ...... petition was filed by the Respondent Nos. 1-11 impugning legality of the action of the Government of Bangladesh, Inspector General of Police and Bangladesh Public, Service Commission in taking steps for promoting the writ Respondent Nos. 4-86 from the post of Assistant Superintendent of police to......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....;tiff in 'Kha' Schedule land and directed for recovery of khas possession and also declared title in 'Ka' schedule land and directed for partition of the same as per prayer made in the plaint. 8. Being aggrieved by the judgment and decree of the lower a......nt Syed J. R. Mudassir Husain J: - This appeal is from the leave granted by this Division in civil petition for leave to Appeal No. 654 of 1999 filed against the judgment and order dated 8.3.1999 passed by th......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....peal is against the order dated December 6, 2000 of a Division Bench of the High Court Division in Writ Petition No. 4666 of 1999 rejecting the application filed by the writ Respondent No. 2 with the prayer for vacating the order staying operation of the Memo, dated 5.12.1996 (Annexure-R to the writ......rch 12, 2005. The Constitution of Bangladesh, 1972, Article 105 Scope of interim relief in a case Substantial part of the relief in the case, while the case is pending for final decision, cannot be given by way of interim relief…………&hellip......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....service is barred under section 56F of the Specific Relief Act as where the contract is not specifically enforceable no injunction can be granted. The learned Counsel further submitted in view of the prayer for a declaration that the plaintiff is still in service and entitled to be reinstated with b......taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete Justice...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
.... fixed on 13.11.1997 for ex parte hearing. On that date the opposite party No. 1, petitioner Syed Ehsanul Hussain filed an application praying for time to enable him to file written objection but the prayer was not allowed. Thereafter, the learned District Judge after perusing the evidence on record......spondent. Judgment April 27, 2003. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 229 of 2002. (From Judgment and order dated 2.8.2001 passed by the High Cou......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
.... such he moved the High Court Division but without any success; that both the Courts wrongly traveled beyond the scope of Section 134(5) of the Co-operative Societies Ordinance, 1984 as because the prayer made by the Respondent No. 1 in Miscellaneous Case No. 297 of 1994 was totally a new one fr...... who died later on, on December 7, 1979 and upon putting thumb impressions in the undertaking received Tk. 36,000/- as loan. It was stipulated in the said undertaking that in case of return of the aforesaid amount of money the appellant and his brother would return the shop no. 235 (kha) to him a......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....t there is a Mosque and a Madrassa in the land in suit. It is the contention of the plaintiffs that they are in enjoyment of the property in suit and they prayed for release of the property but their prayer was rejected and thereupon the Government threatened to dispossess them and as such they are ......e judgment and decree dated April 16, 1997 of the 2nd Court of Senior Assistant Judge, Dhaka in Title Suit No. 191 of 1996 decreeing the same. The suit has been filed seeking declaration of title and for further reliefs that the plaintiff-Respondent Nos. 1-19 are entitled to get the property describ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..Category: Limitation Law | Date: | Hits: 189
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