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Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. .......12.1995. On consideration of the entire materials on record, it appears to me that the pre-emptor and the pre-emptee are co-sharers by inheritance, to be on equal footing. 14. Be that as it may, provisions for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950 is not ap..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....etters issued to the Judges upon their appointment clearly specifying that the appointment under the Articles 95 and 98 of the Constitutions shall be effective from the date of taking oath. Thus, the mandatory obligation of taking ‘Oath’ of office as a Judge under the aforesaid Articles is sine ...... BLD (A.D.) 104 it was held that the independence of judiciary is one of the basic pillars of our Constitution and cannot be demolished or curtailed in any manner whatsoever except under the existing provisions of the Constitution. 9. Since in Articles 98 or 95 or other provisions of the Constit..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......strar of the Supreme Court of Bangladesh for reporting its opinion back to him on the following two questions raised in the backdrop of the facts stated in the Letter of Reference. (A) Whether the provisions of the Army Act, 1952 (Act XXIX of 1952) can be applied against the BDR personnel involve..Category: Constitutional Law | Date: | Hits: 289
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......n making a defaulter in payment of rent for 29 months a regular rent payer only on payment of one month's rent cannot be sustained. The learned District Judge appears to have failed to understand the provisions of Section 18 of the Rent Control ordinance as well as the meaning of defaulter under the..Category: Tenancy Law | Date: | Hits: 145
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......the High Court Division ought to have consider the matter with wider amplitude, but the revisional Court failed to discuss any of the grounds agitated by the petitioners, which is against the provisions of law. His further submission is that trial Court and the High Court Division fail..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122....... 3. The defendant petitioner Nos. 1-3 in their written statement contended that the plaintiffs established market on the suit land without prior permission from the Collector as required under the provisions of Ordinance No. XIX of 1959 and Act No. XII of 1967 and the notice of forfeiture was dul..Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......ision the pending proceeding would continue in pursuance of Section 6 of the General Clauses Act and Section 73 (Uma) and 74(2) of the Town Improvement (Amendment) Act XXIX of 1987 and as such the provisions of Ordinance No. II of 1982 have no manner of application in the matter of assessment/pa..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......s. 1, 2 and 15 for vacating the order of arrest of the said vessels and for the release of the said vessels; that the High Court Division on a misreading of the materials on record and the relevant provisions of law came to the finding that the purported agents of the'respondent Nos. 1, 2, 5 and..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......udden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner." 10. It is now settled law that before an accused can pray in aid of the provisions of Exception 4 to Section 300 of the Penal Code, all its ingredients must be satisfied ..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....essional statement out of police inducement and threat and as such, the said confessional statement cannot be treated as voluntary and true; that in the recording of the confessional statement the mandatory provision of sub-section (3) of the Section 164 of the Code of Criminal Procedure has not......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ..Category: Criminal Law | Date: | Hits: 52
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......#2482;া" as provided in section 60(3) of Ain, 2003 also include pending execution cases and as such after coming into force of Ain 2003, all pending execution cases instituted under the provisions of Ain 1990, stood transferred to the Artha Rin Adalats constituted under Ain, 2003..Category: Civil Law | Date: | Hits: 103
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......spondent No. 6, by Memo dated 19.09.2002, rejected the above prayer being an enlisted person, used to pay turnover tax sometimes at enhanced rate from time to time to time in terms of the relevant provisions of the VAT Act, 1991 and VAT Rules and accordingly the charge made against him for evasi..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
.... No.145 of 1998 allowing the appeal after setting aside the judgment and order dated 29.09.1998 passed by the Assistant Judge, Hathazari, Chittagong in Title Suit No.45 of 1996 granting an order of mandatory injunction. 2. Facts, in brief, are that one Abdur Rahman, father of respondent No......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ..Category: Property Law | Date: | Hits: 22
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ......ith D.N.A. Test; that both the Courts below have committed error of law allowing an application for D.N.A. Test prematurely failing to consider the subject matter and prayer of the Family Suit and provisions of law applicable thereto resulting in an error in decision occasioning failure of justi..Category: Family Law | Date: | Hits: 280
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
....resh suit and date was fixed for hearing on 18.9.1997. 5. On the other hand, the defendants took the chance of mistake committed by the learned lawyer of the plaintiff and filed an application for mandatory injunction on 10.9.1997 on the false allegation that the plaintiff forcibly took over the ...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...Category: Property Law | Date: | Hits: 28
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ...... company be conducted bonafide and without any discrimination against the interest of the respondent Nos.1 and 2 and in accordance with the memorandum and articles of association and following the provisions of the shareholders' agreement dated 18.10.2000, (ii) further to direct the petitio..Category: Business or Commercial Law | Date: | Hits: 193
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158....... and since criminal cases were pending against the petitioners for misappropriation of money through the forged bills, they were placed under suspension by various staff orders in accordance with the provisions of Regulation No. 22(1V) of the Regulation read with Rule 73 of the Bangladesh Service Ru..Category: Criminal Law | Date: | Hits: 78
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....e title suit was dismissed for default on 22.04.2003 and the Miscellaneous Case No. 88 of 2003 for restoration is still pending and as such the present rule has become infractuous as it is the mandatory provision of Article 110 of the Constitution that a suit must be pending in the lower Cou......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ..Category: Property Law | Date: | Hits: 23
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....of the Sonali Bank (Employees) Service Regulations, 1981 and there was violation of provisions of Regulations 11 and 13 of said Regulations, 1981, which according to the Appellate Tribunal are mandatory, and thus arrived at its decision for dismissing the appeal and that&nb...... and to adduce witness and a report was submitted on 08.08.1995 and he being found guilty of the alleged misappropriation he was served with a second show cause notice : dated 20.11.1995 under the provisions of Regulation No. 28 (1) (b) of the said Regulations, 1981, mentioning that prelimi..Category: Administrative Law | Date: | Hits: 166
Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)
....erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ......hat the allegations brought against him the respondent accused were true but he cannot be deprived of the benefit of the procedural defect of the departmental proceeding brought against him as the provisions of Fundamental Rule 29 which as contemplated by Regulation No.58 of the Janata Dank Empl..Category: Administrative Law | Date: | Hits: 175
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