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Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......ors, they also became the co-sharer tenants in the case land and as such the applications for pre-emption are maintainable at the instance of the pre-emptors as they had an interest in the case holding as co-sharer tenants.” 6. It may be mentioned Title Suit No. 245 of 1979 i..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... materials by judgment dated 11-8-1999 discharged the Rule. 5. The learned Advocate appearing on behalf of the petitioners submits that the High Court Division committed wrong holding that the petitioners failed to make out any case for rejection of the plaint under Order 7 ..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... petitioner, submits that the order passed under Regulation 55(2) of Service Regulations 1990 is a termination simpliciter and as such the learned Judges of the High Court Division erred in law in holding the same to be mala fide one. 5. It appears that the Corporation initi..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......ase challenging the order of his dismissal. The AT although found that some of the allegations against the respondent was proved during the departmental enquiry but set aside the order of dismissal holding that the Superintendent of Police had no jurisdiction to dismiss the respondent, who was a ..Category: Administrative Law | Date: | Hits: 116
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......udges of the High Court Division erred in law in setting aside the concurrent findings of the courts below that Beloka Sundari had no legal necessity to transfer the property and thereupon erred in holding that Beloka Sundari had legal necessity to transfer the land in suit by the kabalas dated ..Category: Property Law | Date: | Hits: 47
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......ting tenancy, the notice under section 106 Transfer of Property Act Exhibit 2 having been issued on 18-1-74 terminating tenancy with the expiry of 28-2-74, the High Court Division erred in law in not holding the tenancy has been terminated with the service of notice under section 106 Transfer of Pro..Category: Tenancy Law | Date: | Hits: 76
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ...... of the parliament belonging to the ruling party and the Government servants in breach of Article 86 of Presidents Order 155 of 1972 took up their residence in the constituency 15 days prior to the holding of by- election and manifestly misused their official position to influence the result of ..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....and expenditure of foreign donations for voluntary activities and voluntary activities means an activity undertaken or carried on by any person or organisation of his or its own free will to render agricultural, relief, missionary, educational, cultural, vocational, social welfare and developmen......ve to Appeal No.375 of 2000 and Mr Rokanuddin Mahmud in Civil Petition for Leave to Appeal No.441 of 2000 leave was granted in the following terms: (i) The High Court Division erred in holding that for a society registered under the SRA 1860 to start a commercial enterprise like a b..Category: Constitutional Law | Date: | Hits: 199
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......oner moved this Court with this petition. 4. Mr. Moksudur Rahman, learned Counsel appearing for the petitioner, submitted that the High Court Division erred in law in not holding that whether the error crept through Court’s oversight or counsel mistake if it is ap..Category: Employment/Service Law | Date: | Hits: 83
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ...... High Court Division by judgment dated 26-6-1997 condoned the delay. 6. We have gone through the judgment of the High Court Division and it appears that the High Court Division condoned the delay holding that there was no negligence on the part of the Government-respondent but it was due to the ..Category: Procedural Law | Date: | Hits: 121
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......reducing him to the lowest stage in the time scale. Against the judgment of the AAT the Agrani Bank moved the Appellate Division. The Appellate Division after hearing the parties allowed the appeal holding, inter alia- 10. It may be mentioned the AAT while observing "the order..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......CR (HCD), 43. 16. In the reported case in a certificate proceeding property belonging to the member of the Hindu community was sold and after 5 years, as it appears, a tenant of the holding approached the Revenue authority for setting aside the auction sale and the applicatio..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......ality and as such he is not to cancel the License No. 7/84 at least till the conclusion of the aforesaid case; that the writ-petitioner suddenly got a notice under the impugned memo dated 8-4-1990 holding that the authority did not find the reply satisfactory and as such cancelled the Licence No..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......vernment invoking the provision of Rule 11 (3) of the Government Servant's (Discipline and Appeal) Rules 1985 placed the respondent under suspension and commenced a fresh proceeding with a view to holding an inquiry on the charges as per Government order as contained in Memo dated 11.11.1999, wh..Category: Administrative Law | Date: | Hits: 124
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......passed by a Division Bench of the High Court Division in Writ Petition No. 3179 of 2005 summarily rejecting the writ petition. 2. The writ petitioner filed the Writ Petition challenging the holding of office of Chairman, Jhalakati Pourashava by Respondent No.4 on the grounds, inter alia, ..Category: Election Law | Date: | Hits: 120
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......he judgment-debtor is to file the suit seeking setting aside the decree passed in the previous suit in the jurisdiction of the Court which passed the decree. The proposition of law as stated above is holding the field from long back, at least from 1902. The suit by the appellant having not been file..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ...... 1992 in the Court of Assistant Judge, 4th Court, Dhaka on 11-7-1992 against the present respondent for a declaration that the tender accepted by the defendant-respondent on 28-5-1985 in respect of holding No. 68, Motijheel Commercial Area, Dhaka from Mr. Altaf Hossain is illegal, collusive and v..Category: Property Law | Date: | Hits: 54