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Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....ion of the evidence on record came to the finding that the defendant no.5 did not perform his part of the contract by supplying all the machinery including Air Blower and Amonia Gas which were mandatory for commission of the project and thereby the plaintiff was put to sustain huge loss and......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ..Category: Civil Law | Date: | Hits: 103
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....e connected with one country only, prejudice the application of the rules of law of that country which cannot be derogated from by contract, hereinafter called mandatory rules inasmuch as the mandatory rule in the instant case being Artha Rin Adalat Ain 1990 which in its section 5 provides ......ught to resolve the dispute, and hence the application of Artha Rin Adalat Act, 1990 was completely excluded in this instance and the learned respondent No.1 Court had no scope in resorting to the provisions of Artha Rin Adalat Act, 1990 to hold that it had jurisdiction. 3. Mr. Ajmalul Ho..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....he Judgment and order dated 3.9.75 passed by the High Court Division Civil Rule No. 800 of 1975). Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against an order of mandatory injunction by a Single Judge of the High Court Division directing the appellants to remove......l appearing for the appellants has not seriously disputed before us the power of a Civil Court to issue a temporary injunction in a mandatory form in an appropriate case, even though the terms of the provisions of Order 39 of the Code do not appear to expressly authorise the exercise of such a power..Category: Property Law | Date: | Hits: 31
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......ament Secretariat Officers and Employees Recruitment Rules, 1982 (shortly the Rules, 1982). The other employees who were appointed in 1994 and afterwards, they were appointed in accordance with the provisions of Sangshad Sachibalay Karmakarta-O-Karmachari Neeyog Bidhimala, 1994 (shortly the Bidhi..Category: Employment/Service Law | Date: | Hits: 70
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......d not get any possession in the suit plot No.2719 at the time of the alleged purchase by the kabala Ext. Ka. The High Court Division also found that the learned District Judge considering the provisions of Order I rule 9 CPC and also citing few decision of superior courts held in the facts ..Category: Property Law | Date: | Hits: 19
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......urt Division was wrong in discharging the Rule without considering that State Acquisition and Tenancy Act, 1950 provides its own procedure in respect of appeal and revision independent of the provisions laid down in the Code of Civil Procedure and the impugned dated 30.1.2002, in terms..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......tention that exhibit-23 has a presumption of correctness, is not applicable in the instant case as the very execution of exhibit-23 having not been proved by sufficient and competent evidence the provisions of section 90 of the Evidence Act regarding presumption of genuineness of document whic..Category: Property Law | Date: | Hits: 39
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......3 DLR (AD) 28. This Court has, on an interpretation of the relevant provisions of the Constitution given the impugned directions which are commensurate with the clear, unambiguous and unequivocal provisions of the Constitution and the directions are in fulfillment of a Constitutional mandate whi..Category: Procedural Law | Date: | Hits: 107
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ......Court's judgment dated 11.01.2004 passed in Civil Appeal Nos.259-261 of 2001 dismissing the appeal with modification. 2. Short facts are that the Land Acquisition Collector, Dhaka under the provisions of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No.1..Category: Alternative Dispute Resolution | Date: | Hits: 207
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....r revision and the grounds of the application is also to be taken for revising against the order impugned but in the application in Civil Revision No. 3696 of 2004, there was no compliance of such mandatory provision of law and the High Court Division was wrong to entertain the application which......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......ovision provides that any import contrary to any provision of the Order or any regulation issued by the Chief Controller of Export and Import shall be deemed to have been made in contravention of the provisions of law but rule 21 thereof runs as under: ২১। এই আদেশের সং..Category: Business or Commercial Law | Date: | Hits: 139
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ......he property was sufficiently identified as per order 7 Rule 3 of the Code of Civil Procedure. 5. Lastly Mr. Khan submits that the High Court Division misconstrued and misinterpreted the provisions of Order 7 Rule 3 of the Code in this particular case and committed error of law in the ..Category: Property Law | Date: | Hits: 27
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ...... natural justice were neither violated nor he was prejudiced in any manner and the respondent No.1 was afforded all opportunities to defend his case and also after complying with all the provisions of the Service Regulations and on satisfying the principles of natural justice the ..Category: Administrative Law | Date: | Hits: 104
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......rs it was incumbent upon the defendants to examine the bargadars and for this non-examination of the bargadars adverse presumption can very much be drawn against the defendants in view of the provisions of Section 114(g) of the Evidence Act; the lower appellate court did not advert to the f..Category: Property Law | Date: | Hits: 25
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......inter alia, that the plaintiff was found in possession of 81.81 acres out of which 76.86 acres were covered by the waqf and 4.95 acres were outside the waqf. The plaintiff according to the existing provisions of law is entitled to retain 33.33 acres of land from the waqf estate and 4.94 acres fr..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ...... learned Single Judge of the High Court Division allowed the appeal and restored the trial court's judgment and decree. The defendant No. 1 moved this Court and obtained leave to consider whether the provisions of the Bengal Tenancy Act, particularly those contained in section 26C which bars all kin..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ded in writing, the court otherwise directs. He further submits that as this new amendment came into force during pendency of this case, the new law is not applicable in the present case and under provisions of previous section 339C of the Code the accused is entitled to get released from the ca..Category: Criminal Law | Date: | Hits: 96
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......lip;…………………..) 6. The High Court Division further found that the above confessional statements were duly recorded in due compliance with the provisions embodied in section 164 Cr. P.C. and does not at all demonstrate that those are not..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......n 13.6.1993. The High Court Division by the aforementioned judgment quashed the proceedings of the Ramna P.S. Case as mentioned hereinbefore upon observing as follows: “Seeing the provisions of Section 5-A of the Criminal Law Amendment Act, 1958 read with section 167(5) of the ..Category: Criminal Law | Date: | Hits: 48
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......Meeting on 28.4.2003 at Hotel Sonargaon, Dhaka; there is no restriction in the Companies Act, 1994 regarding the tenure of directors of a public limited company or their re-election except the provisions of Section 91(2) which provides that not less than one third of the whole number of dire..Category: Business or Commercial Law | Date: | Hits: 78
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