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Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)

....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ...... of notice to show cause before cancellation of license being applicable only in case of Nikah Registrar who has been issued license under the aforesaid Rule 5(4), the High Court Division erred in holding that cancellation of license of the respondent No. 1 is not legal for want of notice of sho..

Category: Civil Law | Date: | Hits: 133

Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)

....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......urbing the defendant respondents permanently from disturbing the peaceful possession of the plain­tiff and her enjoyment of the suit land. 3. Plaintiff's case, in short, is that the suit holding belonged to Sheikh Piru who was the owner the land of C.S. Khatian No. 639 bearing the suit..

Category: Property Law | Date: | Hits: 31

Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)

....is directed to pay the respon­dent No.2 his back wages and the pension ben­efits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......rges and that Enquiry officer held enquiry in presence of the respondent No. 2 and afforded him all opportunity to cross-examine the witness and also to defend him that Labour court was in error in holding that the complaint case was maintainable since there was suffi­cient materials on recor..

Category: Labour and Industrial Law | Date: | Hits: 79

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

.... on the following sub-missions:- "The petitioner Rupali Bank Ltd. has inter alia, stated in the leave peti­tion that it is in fact and law the owner in possession of the disputed property. It appeared and filed a power in the writ petition on 25.8.92 through its Advoc......urt Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..

Category: Property Law | Date: | Hits: 35

Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)

.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......reinbefore. 8. As against the judgment and order of the High Court Division the writ respondents came with petition for leave to appeal contending that the High Court Division was wrong in holding that on the date of opening of the Letter of Credit the writ petitioner acquired vested rig..

Category: Fiscal/Taxation Law | Date: | Hits: 74

Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)

....ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ......e B.A.R.I. authority already prepared working paper to promote Mr. Md. Mostafizur Rahman, Assistant Director (Common Service) in the post of Senior Assistant Director (Administration) who has been holding the said post by current charge. In this regard B.A.R.I. invited a Departmental Promotion C..

Category: Employment/Service Law | Date: | Hits: 89

Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)

....gh Court Division granting bail as well as the submissions made by the learned Counsel of the petitioner in the criminal petition for leave to appeal that the petitioner is a cancer patient being not disputed from the side of the State and that the period of sentence being 3 (three) years simple imp......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...

Category: Criminal Law | Date: | Hits: 51

Simon Singh Vs. State, 2008, 37 CLC (AD)

.... 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. ......ation, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the witnesses and..

Category: Criminal Law | Date: | Hits: 47

Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)

....ff offered the balance of the consideration money several times within the stipulated period and hence the suit. 3. During the pendency of the said suit the respondent No.1 (defendant No.15) disputed the signature of the vendor on the Bainapatra and prayed for opinion of handwriting expert......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ..

Category: Property Law | Date: | Hits: 36

Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)

.... such other principles as are laid down by the Government from time to time as to the terms and conditions of service of surplus public ser­vant. The learned Additional Attorney General has not disputed as to the benefits available to the respondent if he has been absorbed as a sur­plus ......ted that the impugned order dated 25.2.1988 is in keep­ing with the policy and decision of the Government as mentioned in the said memo dated 15.12.1985 and the Appellate Tribunal was wrong in holding that the statement in the impugned order that the respondent was not a 'surplus' officer wa..

Category: Employment/Service Law | Date: | Hits: 119

Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and oth­ers, 1999, 28 CLC (AD)

....e High Court Division in Writ Petition No. 2042 of 1994 discharging the Rule. 2. The appellants obtained sanction for a plan from RAJUK to construct a 10-storied building on 16-11-89 in the disputed land which was purchased by them from Anwar Rahim, Akhter Rahim, the two brothers and thei......ting civil suit between the parties, RAJUK could temporarily suspend the construction under the plan. 7. Leave was also granted to consider whether the High Court Division was wrong in not holding that the sanctioning authorities usurped the power of the civil court and wrong­ly susp..

Category: Property Law | Date: | Hits: 35

Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)

....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. ......o. 105 of 1997 before this Division against the impugned judgment of the High Court Division. After hearing the parties this Division allowed the same by its judgment and order dated 7-12-1998 and holding inter alia, that the deposit in question made by the present respondent No. 2-SABINCOisaloa..

Category: Others | Date: | Hits: 95

Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)

....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. ......of 1991. The appellant did not contest the above case before the Administrative Tribunal. After hearing by judgment and order dated 14.2.1996 the Administrative Tribunal dismissed the case ex parte holding that allegations brought against the respondent have been proved in the enquiry and there w..

Category: Administrative Law | Date: | Hits: 94

Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)

....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. ......ra­tion and on the contrary he showed allegiance to the Government of Pakistan and so his two years ante-dated seniority was cancelled. 4. The Administrative Tribunal dismissed the case holding that respondent No.1 was not a freedom fighter and so the appellant did not commit any ille..

Category: Administrative Law | Date: | Hits: 103

Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)

.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ..

Category: Criminal Law | Date: | Hits: 70

Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)

....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ...... not to have proceeded with the application under Section 476 of the Code of Criminal Procedure and also the submission that the High Court Division had no jurisdiction to pass an observa­tion holding that the respondents may lodge an F.I.R. with Ramna Police Station if so advised against th..

Category: Criminal Law | Date: | Hits: 49

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

.... whether in cash or account' secured or unsecured, whether ascertained or ascertainable arising out of such obligation expressed or implied. 6. Lengthy submissions was made by both sides on disputed question of facts like whether on the death of Haladhar Chandra Dey the proprietor of M/S ......rney in the instant case. 5. The succession certificate was granted by the District Delegate. The judgment and order granting succession certificate was set aside by the High Court Division holding primarily that no succession certificate could be granted of those ornaments as those were ..

Category: Property Law | Date: | Hits: 39

Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)

....gh Court Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the own­ers of the disputed land and that the enlistment of the suit property as vested property is illegal stating in...... 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

Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)

....gment and order dated 04.11.1999 passed by a Division Bench of the High Court Division in the First Appeal (Probate) No. 246 of 1996, allowing the appeal on compromise and granting probate upon the disputed will and thereby setting aside the judgment and order dated 20.05.1996 passed by the Addit......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ..

Category: Property Law | Date: | Hits: 74

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

.... learned Counsel for the appellants and Mr. Mahbubey Alam, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 8. It is undisputed that plaintiff Nos. 1 and 2 and their father purchased the disputed prem­ises namely h......12.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 4348 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 ..

Category: Property Law | Date: | Hits: 23