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Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....ng the rule absolute only on a consideration that the plaintiff did not comply with the order earlier passed by the lower appellate court while sending the suit back on remand. 9. The undisputed position is that land measuring 45 decimals described in the 'ka' schedule belonged to Yak......espect of entire land so sold, even then the said kabala may be valid to the extent of share of Ishaque inherited from his father. 5. After the remand the trial Court dismissed the suit holding that plaintiff is entitled to 13 decimals of land which his vendor Ishaque was entitled out..Category: Property Law | Date: | Hits: 46
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......ion. The Union failed to hold election after expiry of 2 years to elect a new Executive Committee and the previous committee continued to run the functions of the Executive Committee, without holding any election and without complying with the provisions of the constitution with regard..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......gh Court Division made the Rule absolute in presence of the Rural Electrification Board with a direction to reinstate the writ petitioner, Respondent No.1 herein, in his post which he was holding on July 14, 1996 with all benefits. In the afore state of the matter the conte..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......l as regard granting of lisence of Nikah Registrar to the appellant on temporary basis in respect of 3 wards of Gafargaon Municipality. The High Court Division made the Rule absolute upon holding "that the area of the petitioner has been curtailed without any allegation agains..Category: Civil Law | Date: | Hits: 95
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....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. ......sp; Mahmudul Amin Choudhury J.- This appeal by leave is against judgment and decree dated 31.5.1999 passed by a Division Bench of the High Court Division in First Appeal No.30 of 1999 upholding the judgment and decree passed by the learned Subordinate Judge, 4th Court, Dhaka in Title ..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ...... sought was not at all acquired by the two Gazette Notifications. The Additional Deputy Commissioner (L.A) recommended the release of the case property but the appellants are still holding and possessing the case property. As such the High Court Division declared the possession o..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
.....1998 passed by a Division Bench of the High Court Division in Writ Petition No. 4127 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the sa......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......nditions. The review petition was rejected by Memo, dated 13-1-94. The respondent was then posted to the Finance Division as Senior Assistant secretary which was equivalent to the position he was holding at the time of his removal. The respondent's batch mates numbering 25 were holding the post ..Category: Administrative Law | Date: | Hits: 138
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....nt on Annexure 1(f). The appellants emphatically argued that in the copy of the supplementary affidavit of the Respondent No.1 served on them Annexure 1(f) was missing. This contention could not be disputed or denied by the respondent No. 1. 9. In the afar estate of the matter the appeals...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......filed written objection in the above mentioned miscellaneous case denying the contentions of the Defendant Petitioner. The learned Assistant Judge after hearing the parties dismissed the case holding that the defendant was not prevented by sufficient cause from appearing when the case ..Category: Procedural Law | Date: | Hits: 84
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......respondent No.1 had knowledge of the transfer together with the notice under section 89 (4) of the State Acquisition and Tenancy Act. The High Court Division, however, allowed the pre-emption case holding that the notice under section 89 (4) of the State Acquisition and Tenancy Act was issued on..Category: Property Law | Date: | Hits: 30
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......ladesh reported in 40 DLR (AD) 2006. So in View of our consideration of the materials on record and the laws we hold that the High Court Division has not committed any wrong and illegality in holding that the writ petition is maintainable. 14. We have considered the submissions made ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......s Judge also called for a certificate from the Head Master of Mozahar Memorial Madhayamik Biddalaya, Kaliganj, Satkhira for the purpose of ascertainment of her age. The Civil Surgeon submitted report holding that the victim girl was aged about 17½ to 18½ years. The petitioner then filed Criminal M..Category: Criminal Law | Date: | Hits: 34
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......rument Act has been made out. He submits that the High Court Division illegally quashed the proceeding. He further submits that the High Court Division without any evidence on record erred in not holding that mere intention of the accused respondent is bad in view of the fact that he took mo..Category: Criminal Law | Date: | Hits: 45
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....l remedy for the purpose and the person being the satisfied with any order of RAJUK could prefer appeal in the special forum for the purpose. 13. In spite of the fact that the disputed land is apart of Gulshan lake but the writ petitioner applied for approval of a plan in or......shy;chief of Section 14 of the Building Construction Act, 1952 does not attract the instant suit land therefore, the High Court Division erred in law in setting aside the decree of the trial Court holding the suit as not maintainable; that impugned memo dated 06.04.1999 is ex facie, illegal and ..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......f the above contentions the learned counsel cited the decisions reported in 38 DLR 105 and 19 BLD 461. 4. As it appears the High Court Division rejected the above application summarily holding as follows:- "We have heard the learned Advocate and perused the pet..Category: Criminal Law | Date: | Hits: 45
Misir Ali and another Vs. State, 2007, 36 CLC (AD)
....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 19.11.2003 passed by the High Court Division dismissing the Criminal Appeal No.878 of 1994 upholding the judgment and order of conviction and sentence dated 25.06.1994 passed by learned Sessio..Category: Criminal Law | Date: | Hits: 36
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....95;জীবী and the correct word will be অকৃষিজীবী and further since the allegations made by the writ petitioner relate to disputed question of facts, the same can not be decided in writ jurisdiction as held in the ca......ed in writ jurisdiction as held in the case of Khalilur Rahman (Md) vs. Govt. of Bangladesh & others, 25 MLR (AD) 80. 3. The High Court Division, after hearing, discharged the Rule holding that the writ petition is not maintainable. 4. As it appears in 25 MLR (AD) 80 it h..Category: Property Law | Date: | Hits: 21
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 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: VI ADC (2009) 246. ......etitioner having been deprived of being an inhabitant of a Pourashava due to exclusion of his area and the decision of the Government being discriminatory, the High Court Division is not correct in holding that there is no infringement of the fundamental right of the petitioner due to the action ..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....er portion of the suit plot that is the southern portion of C.S. Plot No. 1696 which was not the subject matter of the suit and it was nobody's case that southern portion of the suit plot was also disputed. Accordingly, the High Court Division held that the appellate court committed fundame......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ..Category: Property Law | Date: | Hits: 34
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