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Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......50, but the appellant's possession will be treated to be continuous from 1934 to 1950 in view of section 88 of the Non-Agricultural Tenancy Act, 1949 which is as follows: "88. Application of the provisions of the Act to all pending suits, appeals and proceedings and unexecuted decrees, for ej..Category: Tenancy Law | Date: | Hits: 169
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......ia, that the High Court Division failed to appreciate that the impugned notification violated the fundamental right of equality of opportunity and that the notification being violative of the provisions of BCS (Police) Composition and Cadre Rules 1980, the fundamental right of the peti..Category: Employment/Service Law | Date: | Hits: 80
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......out the legal position of final assessment to arrive at. 4 As it appears the High Court Division discharged the Rule holding as follows:- “We have perused the relevant provisions of the Town Improvement Act, we find that the relevant provisions have been amended s..Category: Property Law | Date: | Hits: 33
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......d the appeal and hence is this petition. 3. In support of the petitioner Mr. Mujibur Rahman, learned Senior Advocate submits, inter alia, that the trial court without complying with the provisions of Sections 87/88 of the Code of Criminal Procedure framed charge against the accused in..Category: Criminal Law | Date: | Hits: 42
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... 2. In support of the petition Mr. Mainul Hosein, learned counsel submits, inter alia, that the High Court Division misinterpreted the law and thus fell in error by concluding that the provisions of Section 33(1) to (4) were fully complied with, inasmuch as the auction sale in questi..Category: Civil Law | Date: | Hits: 94
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......able in its present form, that the BRDB established by Ordinance No. LIII of 1982 did not frame any service rules for regulating the service of the employees of BRDB and decided to follow the provisions of the Government Servants (Discipline & Appeal) Rules, 1976 till framing of the Ser..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
.....1. Hence the allegation of instigating anybody and the alleged employment mastan to harass the petitioners are totally baseless and concocted. Giving reply to legal notice by the recipient was not mandatory. Moreover, no legal notice was ever served upon the respondent No.1. The legal notice was ......ponsor contributor in the share capital of the respondent No.1 company namely Jumuna Bank Limited. That the respondent No.1 is a public company limited by shares registered and incorporated under the provisions of the Companies Act, 1994 (Act DVIII of 1994) in the office of the Registrar of Joint St..Category: Banking Law | Date: | Hits: 185
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Hospital on-3.4.1988 is very much relevant for the purpose of defence for proving the defence case as to the alleged injury due to the altercation and scuffling between the brothers and under the mandatory provision of section 265(1)(3) of the Code of Criminal Procedure the accused petitioner a...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..Category: Criminal Law | Date: | Hits: 51
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......n deciding the appeal arrived at a positive finding to the effect:- "-----Accordingly I am of the opinion that the learned Munsif totally misconceived the facts as well as related provisions of law to the present case and as such illegally dismissed the suit for partition agains..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......a result of which huge number of sex-workers deserted the area, started rooming about in the area and created an uneasy situation and, therefore, the respondents had to take actions under the provisions of the Vagrancy Act and took steps according to law and the actions so taken were bonafi..Category: Constitutional Law | Date: | Hits: 150
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......lows:- "397. Penalty for false statement. - whoever in any return, report certificate, balance sheet or other documents, required by or for the purposes of any of the provisions of this Act, wilfully makes a statement false in any material particular, knowing it be..Category: Criminal Law | Date: | Hits: 29
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......t unless any proceedings under the 1994 Rules were pending at the commencement of 1985 Rules (the 20th August, 1985) the proceedings cannot be continued and disposed of in accordance with the provisions of 1985 Rules. The appellant has not produced any papers to show that any proceeding was..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......did not agree, is not material and relevant in the background of the facts and the question calling for determination. The sole question is, how far the Government in the absence of attracting the provisions of Clauses 17, 21 and 24 of the lease agreement in respect of the land of the tea garden..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......thereunder to recover outstanding loans given by the banks and financial institutions is a special court and not an ordinary civil Court as it arbitrates on loan liability by applying the provisions of the special legislation, Artha Rin Adalat Ain, 1990, unless it provides otherwise. I..Category: Banking Law | Date: | Hits: 157
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......i taha paribenna.Ebong tini o tahar oarish ukto munafa dabi korite pariben na.Ukto munafa shomanangshe Mosjid o dargaher jonno bay hoibe 9. The High Court Division considered the above provisions in the Waqf deed and the conduct of the present petitioner Mr. T.I. Khan and found that ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......e interest of all the parties in the suit the property concerned needs to be protected; the power to appoint a receiver as conferred by Order 40, rule 1 CPC should therefore be sparingly used; the provisions for the appointment of a receiver is to be considered as one of the rarest remedies for ..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......section (Ga Ga) of Section 5 the opposite party No.1 petitioner is not a loan defaulter. Section 2 of Bank Company Ain, 1991 (Act 14 of 1991) provides that provision of said Act still not affect the provisions of any other law for the time being in force and also is not in addition to the provision..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... the plaintiff by order dated 05.04.1999 the trial Court directed the parties to maintain status quo in respect of possession of the suit land. On 20.04.1999 the plaintiff made an application for a mandatory injunction for restoration of possession claiming that on 12.04.1999 the defendant dispos......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....ision erred in law in holding that these applications are not maintainable before the Company Court inasmuch as the Court lost sight of inherent jurisdiction to see compliance or due observance of mandatory provision of Company Act while considering the application made to it under section 95, a...... learned Company Judge rejected the application with direction:- "that the Companies Act specifically provided the jurisdiction of the Company Court to be applied under specific provisions the Court does not have any general, plenary or residuary jurisdiction to deal with oth..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... had no right to get. Further, the subsequent transferee is the person within whose knowledge the facts as to whether he has paid and whether he had notice of the original contract lie, and the provisions of section 103 and 106, Evidence Act, 1872, have a bearing on the question." ..Category: Property Law | Date: | Hits: 41