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M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....at after disposal of those suits if the plaintiff would pay Tk.4,02,5 1,000/- excluding the earnest money then the defendant No.1 would execute and register the said safkabala deeds and would also handover possession of the said excluded property, the plaintiff after receiving the letter of...... about legal actions to be taken against them. In the said legal notice the plaintiff did not say that it was ready to deposit the consideration amount if a demand is made. It is very pertinent to note that after the cancellation of the letters of intent acceptance of consideration money paid ea..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....ourt Division did not appreciate that the miscellaneous case was filed within 30 days from the date of knowledge of the ex parte decree and the High Court Division did not appreciate that a malicious hand had been working against the Government so that the suit could be heard ex parte and the Govern......osal of the case on the ground of limitation only the petitioner-appellants suffered irreparable loss and injury and for ends of justice the case is to be restored for hearing on merit. 9. It was noted in the leave granting order that the suit in the civil Court was barred under Section 14A of t..Category: Limitation Law | Date: | Hits: 241
Simon Singh Vs. State, 2008, 37 CLC (AD)
....e in record, the prosecution found to have proved its case by natural witnesses including the persons, who caught him at the place of occurrence including the person who sustained 'chura' blow at the hand of the petitioner during the occurrence. 13. Considering all these facts and circumstances o...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..Category: Criminal Law | Date: | Hits: 47
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....starts as, "You all retrenched officials of Family Planning Education Project it is not the Governments case that the respondent and others were retrenched from their Jobs/office. On the other hand, the Government on more than one occasion treated them as surplus public servants" ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..Category: Employment/Service Law | Date: | Hits: 119
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....vision but deciding the application on a consideration not provided by law. 9. Dr. Kamal Hossain, the learned Senior Counsel, appearing for the plaintiff-respondent No.2, on other hand contended that the Govt. of Bangladesh, Bangladesh Bank, Liquidator and the Joint Liquidator o......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....No. 45 of 1995 stating, inter alia, that while serving as Bench Assistant of 2nd Court of Subordinate Judge, Khulna, he was charge sheeted on the allegations that he on his transfer failed to hand over the records of three cases to his successor at the time of making charge and he also fai......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....e Engineering Trade of Pakistan Ordnance Factory on 10.2.70 came to his home by taking 38 days earned leave from 10.5.71 to 16.6.71 and he never participated in the liberation war and on the other hand after expiry of leave, he prayed for extension of his leave on medical ground by sending lette......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..Category: Administrative Law | Date: | Hits: 103
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....te in Miscellaneous Case No. 121 of 1997 granting succession certificate to the appellant under Section 372 of the Succession Act. 2. The case of the appellant in short is that one Haladhar Chandra Dey, the proprietor of M/S. H. Dey Jewellers, a Jewellery shop situated in Khulna died ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..Category: Property Law | Date: | Hits: 39
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
....Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyer...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..Category: Property Law | Date: | Hits: 82
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....of 1999 discharging the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plaintiffs as his landlord. Yo......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..Category: Property Law | Date: | Hits: 23
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....late Division (Civil) Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Anu Miah and others ..................Appellants Vs. Gauranga Chandra Sharma and others ..........Respondents Judgment April 17, 2002. Cases...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ..Category: Property Law | Date: | Hits: 27
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....r of the land is also different one being a portion of the pond while the other is a bite land by the side of a canal and from being chunk of land possession of a small fraction was allegedly hand over without there being any actual measurement P.Ws 2 and 4 having said that there was i......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..Category: Property Law | Date: | Hits: 44
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......the respondent was not found present and that no shop of office named M/s. G. M. Corporation was found on search and as such the summons were returned 5. The Court's office in their office note dated 10.1.1996 stated the above facts and placed the matter for orders before the lear..Category: Procedural Law | Date: | Hits: 94
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......t bank would not allow any part delivery until settlement of LIM accounts are made (vide Exhibit-10). 12. Relevant portion of Exhibit-10 is quoted as under for the purpose of limitation "please note that we have been instructed by our Head Office not to allow you any part delivery until final ..Category: Civil Law | Date: | Hits: 79
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....king the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the suit land e......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 2003, 32 CLC (AD)
.... exchange of words between him and the victim in the fateful night, ends of justice will sufficiently be met if the sentence of death is commuted to one of life imprisonment. 6. On the other hand, the learned Deputy Attorney General appearing for the State contended before the High Co......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias Sree Purna Chandra Dhupi and another...............Respondents Judgment ...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..Category: Property Law | Date: | Hits: 32
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....ccused, but enclosed with the F.I.R. a Photostat copy of a written statement of Sahiduzzaman, in which he stated that accused Respondent No.2 Md. Abdur Rahman attacked him and struck on his abdomen, hand and head with broken handle of a chair causing fractures on his head for which he was tre......punishable with death or imprisonment for life and that there is a strong prima facie case against the accused respondents under different sections including section 302 of the Penal Code. We note with dissatisfaction that the High Court Division failed to consider the observations made by ..Category: Criminal Law | Date: | Hits: 35
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....ria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin chaklader, Advocate-on-Record-For the appellant. Khandker Mahbubuddin Ahmed, Senior Advocate (Ozair Farooq, Senior Advocate with him) instructed by M......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ayer of the respondents challenging the sale deed dated 9.11.1989 W. P No. 4127 of 1992 challenging the self same deed is barred by the principles of constructive res judicata. 7. On the other hand learned Advocate for the respondents relying on the gift deed, C. S. and S. A. khatinas rent re......d in question in W.P. No. 798 of 1990 subsequent W.P. No. 4127 of 1992 was not barred by res judicate. 8. It appears from the impugned judgment that the learned Judges of the High Court Division noted the assertion of the appellants that the original tenants constructed the structures in the ..Category: Tenancy Law | Date: | Hits: 148
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