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Displaying 2721-2740 of 3456 results.
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
.... and the learned Subordinate Judge (Arbitration), 4th Court, Dhaka, who heard the appeal, by his judgment and decree dated 13.5.1989 reversed the decision of the trial Court and dismissed the suit holding, inter, alia, that the plaintiff failed to prove his case and the suit is not also maintain......ondent is to be guided the authority concerned in total disregard of the same not only put him under suspension but also removed him from service by the impugned order dated 11.8.84 under the Government Rules by which he is not to be guided; that the departmental charge of misappropria..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....3 (three) directors position of the respondent No.1 Company against their contribution of Tk. 5,00,22,000.00 (Taka Five crore and twenty two thousand) and damage and compensation for the delay in withholding of huge amount of investment. That for the sake of law, equity and justice, it is necessary ...... 5,00,000.00 Exim Bank Ltd. 101353-25.02.2001 5,00,000.00 Total Tk. 4,85,00,000.00 6. That the petitioners submitted and handed over to respondent No.3 all the relevant applications particulars, statements, photos, declarati..Category: Banking Law | Date: | Hits: 185
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....sel appearing for the petitioner submits that the mode of obtaining and procurement of cheque not being the requirement of law, the High Court Division acted illegally in making the Rule absolute holding that 'we are constrained to hold the view that the cheque which was returned with the remark......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... the question of continuation of the delegation of power made in 1974 or application of section 24 of the General Clauses Act did not arise and as such the High Court Division committed no error in holding that there was no delegation of power under the Service Regulations, 1997. He next submitt......others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: Mahmudul Islam, Senior Ad..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....sp; filed aforesaid Civil Revision Nos. 6923 & 6922 of 1991 in the High Court Division obtained the Rules but after hearing the High Court Division discharged the Rules holding that the only point for determination was whether the oral gift was a genuine one and that ......dants have no right, title and interest and possession in the suit land and that other Suit No. 308 of 1977 is barred by section 42 of the Specific Act, that the plaintiff, Ulfa Mai, has possession over the suit land and the defendants have no possession and that the order passed in Miscell..Category: Property Law | Date: | Hits: 27
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....requirement by the courts below has been reversed by the High Court Division without proper reasoning. 9. The learned Counsel for the appellant submits that the High Court Division was in error in holding that as possession of the premises in suit was made over to the defendant on receiving Tk.95......e defendant moved the High Court Division in revisional jurisdiction. The said Division made the rule absolute on the findings that the plaintiff received Tk.95,000/- as 'salami1 and thereupon handed over possession of the premises in suit, that in the agreement by which the defendant was put into p..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... appearing for the appellant reiterated submissions made earlier. 7. He further submits that the High Court Division committed error in rejecting the application for stay, of the proceeding holding that the parties in the suits and the subject matter is not same. 8. He in particular......ch suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court." 16. On perus..Category: Procedural Law | Date: | Hits: 105
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....ate not fixed for hearing of the Rule and the submission that the High Court Division erred in not construing the Assistant Administrator's letter dated 22.07.1999 as a fresh cause of action and in holding "writ petition is a device to side track a proper and legal process obviously to ......ht to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and kind collected from the Mazar and that the formation in of the committee to look..Category: Trust/Waqf Law | Date: | Hits: 190
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....the petitioner submits that the possession was taken over on 30.8.2004 and the first Appeal was filed on 31.8.2004 when there was no appeal pending and as such the High Court Division erred in holding that the suit was pending when pre-emptor dispossessed the other side during the pendency t......gment and order dated 13.12.2004 passed by a Division Bench of the High Court Division in Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the respondent within 15 days failing which the trial court..Category: Property Law | Date: | Hits: 41
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....learned Advocate for the appellants submits that the amendment in question in effect seeks to incorporate an alternative prayer for partition if the defendants are found to be co-sharer in the suit holding and such amendment will not change the nature and character of the suit, rather such altern......ahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declaration of t..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....sion disposed of all the three appeals and set aside the judgment and decree passed by the learned Subordinate Judge (now Joint District Judge), in Title Suit No. 71 of 1991 and dismissed the suit, holding that "Most of the parties are residing in their respective building for a long time o......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....sal and the Government-appellant contested the case. The Administrative Tribunal dismissed the case. The respondent preferred an appeal and the Administrative Appellate Tribunal allowed the appeal holding that the order of dismissal was passed illegally. 4. Leave was granted t......reme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M.H. Rahman J A.T.M. Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh .............Appellant Vs Md.Golam Rahaman Mallick .............Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....finition of mineral for which the respondent can enter into or allow any third party to enter into the tea estate for this purpose, that illegality has been committed by the High Court Division in holding that respondent Nos. 1-3 have authority to lease out the so-called Balumohal without realis......, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15, 1978 transferred 12 Tea Estates to the appellant which also includes th..Category: Property Law | Date: | Hits: 43
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ave expired in 2005. Consequently, it would have been thereafter the turn of a member of the First Group to be appointed as Mutawalli. It is against the backdrop of the situation pertaining to the holding of office of Mutawalli in the year 2000 that one Anowarul Islam Khan, son of late Yar Ali K......s due and proper weight in consideration by the Administrator of Waqfs. To that end Mr. Karim sought Court's intervention to secure his appointment as Mutawalli, such appointment by now being long overdue since 2005. 8. The High Court Division considered Clauses 5 and 12 of the Waqf..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ies are increasing and if this situation continues the creditors, within a short period, will put the suit properties in auction. 4. As it appears the High Court Division allowed the appeal holding that receiver can not be appointed in respect of the property in a partition suit except by......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....d the defendant preferred Title Appeal No.9 of 2003 before the learned District Judge, Narayangonj against the aforesaid judgment and decree. 5. The learned District Judge after holding local enquiry on consent of both the parties took statements from 10 local people and tena......u and Jainal Abedin then transferred the suit land by sale deed No.45789 dated 06.12.1979 to the defendant. The defendant got the land mutated in his name and possession on payment of rent to the Government. 4. The learned Joint District Judge, 2nd Court, Narayangonj, after hearing the pa..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....0 and 11 and Appeal No. 51 was filed by the Government represented by the Secretary, Ministry of Posts and Telecommunications. The appeals were heard together and the same were allowed upon holding "that Accountant Service is a cadre having three classes (a) Probationers (b) Junior A......Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Posts a..Category: Administrative Law | Date: | Hits: 125
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....s by leave arose out of the impugned judgment and order dated 11th December, 2001 passed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction......hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated directors and Group-D member of general public. The Bank had four foreign spons..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....ent for sale dated 29-11-76. The defendant Nos. 1 and 2 then moved the High Court Division and obtained Rule in CR No. 3175 of 1993 and after hearing the High Court Division made the Rule absolute holding that the defendants are bona fide purchasers for value without notice and this aspect of th...... measuring 3.93 acres and he on 29-11-1976 entered into an agreement with the plaintiff for sale of the suit land at a consideration of Taka 30,000 and on receipt of Taka 25,000 as advance he made over the possession of the suit land to the plaintiff and in the said agreement it was stipula..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....nding and thereafter by letters dated 20-9-1998 and 27-9-1998 showed the petitioner removed from his service with effect from 12-9-1998. The High Court Division, after hearing, discharged the Rule holding that the impugned order has been passed by the respondent No. 7, the Principal of Rifles Pu......l Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Education and others.... ...Category: Employment/Service Law | Date: | Hits: 68
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