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ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....judgments which could hardly be completed within 18th and 19th July, 1990 before my departure for Chittagong. My learned brother Kazi Ebadul Hoque, J in quite a few cases over night prepared by hand and brought written judgments for delivery after I had gone through the same. As 19th July, 1......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
.... suit land measures 5.15 acres, out of which 3.20 acres is respondent homestead. At the present rate, learned counsel contends, the price of the suit land will be above 2 (two) lac taka. On the other hand, Mr. MA Matin, learned counsel for the respondent, has produced kabala of the year 1969 which s......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....male heirs since the custom was alleged by the defendant………….(21) Cases Referred to- Gujadhur Pershad Vs. Two widows of Eman Ali, 2 IA 205: Radha Krishna Das Vs. Raj Krishna Chand, 28 IA 182; Radha Krishna Ayyar Vs. Swaminatha Ayyar. 48 IA 31; Golam Hassan Vs. Sarfaraz Kha......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....nt for inefficiency with effect from the 1st June, 1959. A copy of the said notification was served on the plaintiff under memorandum No. 2742/1-G.A., communicating a further order directing him to ''hand over charge on the forenoon of the 1st June, 1959 positively". 3. The aforesaid notification......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. ..Category: Administrative Law | Date: | Hits: 106
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....siness as from the 30th January 1961. Although on behalf of the Stock Exchange it was stated at the bar that she had thereafter resumed business, no proof of any kind was led in support. On the other hand, it is stated before us that Mrs. Purviz Dalai left Pakistan several years ago so that it is a ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ashier in that office. On the said date, the cash balance, according to the cash-book, was Rs. 4,278,7-5. On 11-3-58, Hamid Hussain prepared a statement (Ex. 43) according to which the actual cash in hand on that date was Rs. 1,434-11-5. Taking into consideration the entries in the cash-book from 8-......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....ugust, 1970, with the following observations ; “K. B. Riasat Ali, learned counsel for the complainant, has placed on record a chart showing the cause of delay in the inquiry. On the other hand, learned counsel for the accused has traced out the progress of this case from the record min......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..Category: Criminal Law | Date: | Hits: 96
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....ion Act and as such it can not be said that the respondent Nos. 3-6 acquiesced to the continuation of the proceeding of the suit before filing of the Bengali version of the plaint and on the other hand the above facts indicate that the respondent Nos. 3-6 had no prior knowledge about the arbitra...... 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. ..Category: Business or Commercial Law | Date: | Hits: 94
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....des that Corporation may retire any of its employees after he has completed 25 years of service if it considers that he should be retired from service in the interest of the Corporation. On the other hand, Regulation 11 A (2) provides for retirement from service of an employee after completion of 25......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....alled for. The learned Attorney General submits that this will be an unnecessary and futile exercise. 5. Mr. M Amir-ul Islam, learned Counsel entering caveat, on the other hand, submits that what the High Court Division directed in swearing an affidavit by the Investigat...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....the power of the Election Commission which is an independent constitutional body. 6. Mr Mahmudul Islam, learned Attorney General appearing on behalf of respondents on the other hand, submits that the Election Commission suggested the names of three officers to act as members....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....al appearing for the State, submits that in view of the evidence of PWs 4, 8 and 9 corroborating each other implicating the accused Salim taking victim Salma to his house alluring with a mango in his hand, the prosecution has been able to prove the last seen theory implicating the accused the High C......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....isfied granted licence. So, there is no scope of lifting the veil. 9. Mr. Tawfique Nawaz, learned Advocate appearing on behalf of the writ petitioner- respondent, on the other hand, submits that the learned Advocate appearing on behalf of the appellants argued the case beyon......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....st be optional as the notice is not for the part of the cause of action for such eviction and cause of action is the denial of landlord’s title……………………..(8) Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Mustafa Niaz Mahmud, Advocate with him) instructed by ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... Counsel for the petitioner submits that since the writ petition is pending the petitioner should not be treated as a loan defaulter. 6. The learned Additional Attorney General on the other hand submits that since no appeal has been preferred against the decree of the Artha Kin Adalat the......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....1977 was promulgated. The appellant filed writ petition No. 296 of 1978 challenging a notice being Memo No. AP-18-Sakha(a)/77/205 dated 21-3-78 issued by Abandoned Property authority asking him to hand over possession of the property in default he will be liable to be evicted. The writ petition a......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....t be made a ground for declaring the order illegal. The Screening Board found the appellant guilty of the charges, namely, malpractice and corruption. The appellant failed to explain his authority to hand over the 25 electric switches out of 40 new switches of 60 A.M.P.S., taken from the C T.S. St......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..Category: Employment/Service Law | Date: | Hits: 70
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
.... wakf deed the property has been held wholly for religious or charitable purposes, and l/3rd of the income of the property has been set apart as the Mutawalli’s remuneration which is taxable in his hand, while the remaining 2/3rd of the income has been set apart wholly for religious or charitable ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....ct has been decided in the previous trial and it has been found that the gold was not recovered from possession of the appellant. Mr. A.W. Bhuiyan, learned Assistant Attorney General, on the other hand, contends that the offence under Act 1 of 1956 is quite distinct and separate from the offen......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
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