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Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
...., we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998....... Mr. Md. Ibrahim Khalil, learned Advocate-on-Record, appearing for the petitioner submitted that the Court of Appeal below and the High Court Division committed an error of law resulting error in the decision occasioning failure of justice in overlooking the oral and documentary evidence on record..Category: Property Law | Date: | Hits: 47
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......hat the respondent Nos. 2 and 3 were acting in with each other. He also noticed that during his absence the respondent No. 2 has assumed all powers of the Company. In the said board meeting arbitrary decisions, with objections from the petitioner, were taken which were detrimental to the interest of..Category: Company Law | Date: | Hits: 247
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......gh Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mere surmise and conjecture. The learned Advocate-on-Record further submitted that the H..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......rinciple of res-judicata and the Courts below committed gross error of law in overlooking the aspect of res-judicata and thereby judgment and decree passed by the courts below were based on erroneous decision occasioning failure of justice. 10. We have perused the leave petition and heard the l..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......ed a legal notice demanding justice and to which the respondent Nos. 1 and 2 jointly replied to the said demand notice stating to the effect that in relaxation of age from 40 to 45 years as made is a decision of the University being an autonomous body and they have taken their own decision, Dhaka Me..Category: Others | Date: | Hits: 100
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......viso must be construed as being prospective in operation and it must be held that the instant case does not come within the mischief of the aforesaid proviso to Bidhi-5 (4). 16. The findings and decision of this case will have no bearing on the Other Class Suit No. 533 of 2006 for declaration o..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......petition that being a conscious citizen of the country he has sufficient interest in the affairs of Agrani Bank Limited which is a government owned public bank. As such, being aggrieved, by the above decision of the Board of Directors of the Agrani Bank Limited, he filed this writ petition and this ..Category: Banking Law | Date: | Hits: 205
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......appeal and thereby dismissing the suit setting aside the judgment and decree passed by the trial Court holding that the suit was not maintainable and the suit was bad for defect of party and that the decision of the trial Court that the sale deed dated 28.10.1970, on the basis which of the defendant..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......e trial Court, in restoring the suit to its file and number in spite of the gross negligence found on the part of the petitioner hereof in conducting the case, cannot be sustained. We find that the decision arrived at by the High Court Division is an accordance with law and no interference is ca..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......ranger to the suit property but the Court of appeal below without properly adverting the material findings of the trial Court passed the impugned judgment. The learned Advocate finally relying on the decision reported in 33 DLR (AD) 359 submits that under Mohammedan Law the sale becomes complete onl..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......k initiative to construct 12’ ft. wide road. That the local members namely Mahabubur Rahman Goraha, Md. Ali Akbar, Md. Abdul Majid Md. Omar Ali, Golam Mohiuddin, Abdur Rashid and Abdur Motaleb took decisions: i. That the road will be constructed on the land of Abdur Razzaque Chowdhury and plain..Category: Property Law | Date: | Hits: 39
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......ho was pleased to dismiss the same after hearing and affirm the judgment and order dated 19.1.86, of the learned Subordinate Judge by his judgment and order dated 15.5.86. Being aggrieved by the said decision of the learned District Judge, the petitioners filed a revisional application before this C..Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......n suit is not at all a necessary party. He further urged that the parties to the agreement are only the other necessary parties to a suit for specific performance of contract. He referred me to the decision is the cases of Prem Sukh Gulgulia and another Vs. Habib Ullah and others, 1945 Cal. 355 an..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......sion of Section 7(iii) of the Court Fees Act 1870 and that the learned Munsif committed a great error of law by holding that valuation given by the plaintiff was correct, resulting in an error in decision occasioning failure of justice. The learned Advocate in support of his contention has relie..Category: Civil Law | Date: | Hits: 159
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....resent application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ......his Court is quite competent to add the heirs of opposite-party No.1 Nurun Nahar Begum in this Civil Revision in order to secure the ends of justice. Mr. Shahabuddin Faiz places reliance upon the decision in the case of Mali Mandal and another Vs. Khirode Bala Debya, 12 D.L.R. 745. The learned C..Category: Procedural Law | Date: | Hits: 81
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......n done in the present case. A second show cause notice is, in fact, the accused employee's last opportunity to place his side of the case before the appointing authority who is about to take the last decision against the accused employee armed with the report of the enquiry officer. The accused em..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......able. He urges that the claim being a maritime lien this Admiralty Court has every jurisdiction to entertain the suit and to arrest the ship. At the Bar the learned Counsels of both the parties cited decisions in support of their contentions. 7. As the arguments advanced by the learned Counsels c..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......eliminary order dated 25.3.87, but under sub-section (5) of section 145 of the Code of Criminal Procedure. He is not required to take formal evidence and peruse any inquiry report. He can come to a decision on the basis of the materials on record and the papers furnished by the 2nd party—opposit..Category: Criminal Law | Date: | Hits: 32
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......dar further submitted that the plaintiff is a retired Government servant and he needs the premises for his own purposes and it was rightly found so by the courts below. He has referred to a number of decisions in support of the contention to which I shall advert at the relevant portion of the judgme..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......his evidence, but the courts below did not at all consider this material aspect of the case and upon such non consideration allowed, the preemption case which is an error resulting in an error in the decision occasioning failure of justice. He contended further that the courts below quoted the evide..Category: Property Law | Date: | Hits: 36
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