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Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)

....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......o defendant No. 4 for eviction of the plaintiff from the suit property. 4. The plaintiff examined 5 witnesses including himself while the contesting defendant examined 3 witnesses. Several documents were also proved by the parties in support of their respective cases. 5. The tria..

Category: Property Law | Date: | Hits: 72

Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)

.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..

Category: Family Law | Date: | Hits: 144

Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)

....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..

Category: Administrative Law | Date: | Hits: 149

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

....ng Director, Rupali Bank Limited and others vs. Tafazal Hossain and others reported in 44 DLR (AD) 260, it has been clearly held that the respondent who was in the service in the appellant’s bank could not file the case before the Administrative Tribunal as because he was terminated in 198...... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....ch has never been tested anywhere on earth and at “controlled flooding” in two areas of the districts of Tangail and Sirajganj. “Compartmentalisation” means surrounding of specific areas by embankments with gated or ungated openings through which in-and-outflow of flood water can be controll......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..

Category: Constitutional Law | Date: | Hits: 450

Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)

....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......ajira nor took any step. The trial Court then fixed January 4, 1988 for ex parte hearing of the suit. On that date the suit was taken up for hearing. After examining the plaintiff and marking some documents as exhibits, it was decreed ex parte. 5. On March 6, 1988 the appellants filed t..

Category: Property Law | Date: | Hits: 76

Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)

....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ...... Government servant;   17. The Administrative Tribunal upon a detailed consideration of the materials placed before it by both the parties and on perusal of the relevant documents on record held that the second proceeding had been drawn against respondent No.1 under ne..

Category: Administrative Law | Date: | Hits: 119

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....nctioned Taka 29.50 lakh against pledge of potatoes. In 1981-82, respondent No.1 suffered a business loss and consequently it failed to repay the loan with interest. In the year 1983, the appellant-bank sanctioned an amount of Taka 20 lakh to respondent No.1. Respondent No.1 applied for remissio......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..

Category: Business or Commercial Law | Date: | Hits: 150

Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)

....n has rightly refused the prayer for quashment of the proceeding.  The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......n has rightly refused the prayer for quashment of the proceeding.  The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..

Category: Criminal Law | Date: | Hits: 79

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

....against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..

Category: Administrative Law | Date: | Hits: 125

Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)

....es of land in favour of the Unnayan Parishad on payment of Taka 35,000.00 per acre, the total amount being Taka 4,20,000.00. Accordingly the plaintiffs deposited the entire amount through separate bank drafts. This was followed by delivery of possession by the Railway authorities to the plaintif...... even suggested to the only witness who came to depose for the appellant.  11. Mr. Syed Ishtiaq Ahmed, learned Advocate for the plaintiff-respondents referred to the plaintiff’s documents, particularly Exts. 1-1(c) and submitted that the Railway Administration had taken the ac..

Category: Administrative Law | Date: | Hits: 130

Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others Vs. Ittefaq Group of Publication Ltd., 1998, 27 CLC (AD)

....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 138.......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 138...

Category: Business or Commercial Law | Date: | Hits: 121

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

....ider whether in spite of prima facie case and balance of convenience the individual interest should be subjugated to public interest…….[21(8)] (iii) Governments are not run on bank guarantees but on liquid cash. Article 83 of the Constitution guarantees, “No tax shall ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..

Category: Criminal Law | Date: | Hits: 119

Mahbubul Alam Vs. State, 1997, 26 CLC (AD)

....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ..

Category: Anti-Corruption Laws | Date: | Hits: 81

Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)

.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... Ordinance. 7. Mr. Ajmalul Hossain, learned Counsel for the appellant, submits first, that in consideration of the positive evidence of PW 4 Amal Chandra Dash, the postal peon, and the other documents produced by him in support of delivery of registered notice upon the defendant on 14-8-86 ..

Category: Tenancy Law | Date: | Hits: 93

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

....urt. First Court of Subordinate Judge, Khulna passed in Money suit  No. 3 of 1992 which decreed the plaintiff’s suit in full for Taka 2,35,17,569.00 with interest at the rate of 5% above bank rate on monthly rest till  realisation to the extent that the suit was decreed without co....... The learned Subordinate Judge recorded the evidence adduced by five witnesses of the plaintiff-appellant and three witnesses of defendant- respondent Nos. 1-2, and both sides exhibited number of documents including two survey reports produced by both the sides and upon consideration of the ora..

Category: Business or Commercial Law | Date: | Hits: 147

Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)

....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ...... May 15, 1996.  The Code of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of t..

Category: Property Law | Date: | Hits: 52

Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)

....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ..

Category: Criminal Law | Date: | Hits: 95

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....1 before the Additional Deputy Commissioner (Revenue), who upon hearing the parties by order dated 24-2-82 deleted the name of defendant No.1 from the SA record and restored the name of the plaintiff bank in SA khatian No. 118 in respect of entire 0.82 acres of land. Subsequently the defendant tried......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..

Category: Property Law | Date: | Hits: 83

Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)

....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..

Category: Civil Law | Date: | Hits: 137