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Displaying 3221-3240 of 3456 results.
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
....ule 32 Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of permanent injunction is maintainable, the single bench decision holding that such an application is not maintainable have no force at all. &......ly disobeyed the order of injunction impliedly holding that application under Order 21 rule 32 of the Code was maintainable. A Division Bench of the High Court Division with one of us and presided over by Ismailuddin Sarkar J heard a reference made by DM Ansaruddin Ahmed J to resolve the confli..Category: Property Law | Date: | Hits: 57
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....the material allegations and stating that the case is not maintainable and barred by limitation, estoppel, waiver, acquiescence and defect of parties. His case it that he is a co-sharer in the suit holding and, as such, the pre-emption case against him is not maintainable. 3.......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ..Category: Property Law | Date: | Hits: 65
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....drew up proceeding under section 145 of the Code of Criminal Procedure and attached the property and appointed the Officer-in- Charge as receiver. Although the proceeding was started in respect of holding No. 58/1 of Purana Paltan the receiver on the basis of the proceeding not only took over po......ute and quashing the proceeding of Motijheel PS Non FIR Case No. 793 of 1997 under section 145 of the Code of Criminal Procedure and directing the receiver, Officer-in-Charge, Motijheel PS to hand over possession of Holding No. 59 and 59/1 Purana Paltan, Dhaka to Humayun Kabir, second party in t..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....afide for expansion of his business. But the learned Single Judge of the High Court Division misdirected himself in reversing these findings of fact reached by the trial Court on legal evidence in holding that the appellant did not utter a word in his evidence in support of his claim of bonafide...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....verments needs to be proved by evidence that no cause of action arises within the meaning of Order 7 rule 11 CPC. He further submits that the learned Judge of the High Court Division fell in error in holding that the suit is barred by section 42 of the Specific Relief Act that in not holding that a ......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ..Category: Civil Law | Date: | Hits: 105
State Vs. Shahjahan, 2001, 30 CLC (AD)
.... such, he is entitled to be acquitted on the ground of benefit of doubt. 6. Learned Deputy Attorney-General submits that the learned Judges of the High Court Division erred in holding that since evidence of PWs 2 and 4 is not acceptable so the evidence of all other witnesses......ep and 3 ½” x 1 ½” x muscle deep supported by medical certificate the plea of right of private defence of life of the accused Shahjahan cannot be brushed aside. Moreover, the accused was acquitted on 15-8-1994 and state petitioner did not take any step for hearin..Category: Criminal Law | Date: | Hits: 55
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... 9 the Rule in Civil Revision No. 1900 of 1991 was obtained for setting aside the judgment and decree of the Appellate Court and the High Court Division by order dated 28-7-1997 discharged the Rule holding that the same had become infructuous as the Rule was obtained against a dead person showing...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
.... 1987 to have been made without lawful authority’ and of no legal effect. 2. Respondent Nos. 1-6 tiled the aforesaid case before the Court of Settlement for exclusion of holding No. R/29 Block-D, Moharnmadpur, Dhaka from the “Kha” list of abandoned building......bsp; Cases Referred to- Government of Bangladesh represented by the Secretary, Ministry of Works vs. Md Jalil and others, 48..Category: Property Law | Date: | Hits: 69
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....; stating that he was a candidate of the appellant. The said candidate not having been allocated “Langol” as its symbol filed Writ Petition No. 3933 of 1999 which was summarily rejected holding the same to be the election dispute. Respondent No. 5 on 4-11-1999 filed an application be......act the functions that the acting Chief Election Commissioner was doing in this particular case was a function vested in him under this Order. 10. In the present case the controversy was with regard to allocation of symbol which the Returning Officer was authorised to do und..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....ssuance of Organisation Order 13 of 1995 separate seniority list was in existence, that in view of the Provisions in Regulation 12 and 15 of the Regulations 1979 High Court Division was in error in holding that promotion to Pay Groups V from Pay Group IV to be made on the basis of seniority and o......ntenance in Pay Group V on the basis of combined seniority has referred to the decision AIR 1982 (SC) 1064. In the reported case it has been observed: “Even otherwise, when a statutory rule governing seniority is issued in respect of a service, the said rule would govern the personnel in t..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....e 135 The Jail Code, Rule 205 On the event of dismissal, removal or reduction in rank a person holding a civil post is entitled to a second show cause notice…………&hell......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....Government petitioner seeks leave to appeal from judgment and order dated 25-6-1996 passed by a Division Bench of the High Court Division in Writ Petition No. 192 of 1991 discharging the Rule and upholding the judgment and order dated 7-1-1989 passed by the Court of Settlement in Case No. 176 of......J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner ..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
.... 7. Moudud Ahmed, learned Advocate for the petitioners, submits that there being violation section 21(1) of Pourashava Ordinance, 1977 the learned Judges of the High Court Division fell in en in holding that the dispute regarding variation population is a disputed question of fact which cannot...... Miah Lutfi Hossain Kasru and others................................ Petitioners Vs. Bangladesh represented by the Secretary Ministry Local Government & others............ Respondents Judgment Ma..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....d Examiner had increased the marks after submitting the report and marksheet. The Head Examiner by his reply dated 5.12.93 denied the allegations made by the re‑Examiner. By deliberately withholding the said reply of the Head Examiner dated 5.12.93 an adverse presumption was drawn against ......that he appeared in the Higher Secondary Certificate Examination of 1993 in Commerce Group under the Board of Secondary and Higher Secondary Education, Rajshahi bearing Roll No. Pab‑788 from Government Edward College, Pabna and he came out unsuccessful in the Examination. Upon obtaining ma..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....ing the District Delegate to act according to the provisions of section 288 of the Succession Act on a misconception of facts and law. Mr. Pal also argued that the High Court Division was wrong in holding that the District Delegate erred in its finding that the respondent had no locus standi to......spondent on 17.9.1991 resulted in setting aside the order of rejection of the caveat without there being a fresh caveat with a proper affidavit narrating the respondents' interest in the property covered by the will. 9. In the impugne..Category: Property Law | Date: | Hits: 67
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
.... briefly, the Act, impugning the said order of dismissal. 3. The Tribunal after hearing the parties allowed the case and set aside the order of dismissal by its judgment and order dated 11.8.1992 holding, inter alia, relying on the case of SA Ali vs. Secretary Establishment reported in 31 DLR (A......is allowed. The Administrative Tribunal Act, 1980 (VII of 1981), section 4(2) The Police Officers (Special Provisions) Ordinance, 1976 (LXXXIV of 1976), section 7A A revision lies to the Government under section 7A of the Ordinance from the Appellate order. Thus the appellant cannot go t..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....of the Miscellaneous Case No. 275 of 1992 for restitution of possession under section 144 of the Code of Civil Procedure with Title Suit No.177 of 1994 in which the appellant was a defendant after holding that the trial Court dismissed the miscellaneous case on an erroneous view of law and there...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....illness and the lower appellate Court having erroneously held that it was unnecessary to consider whether the plaintiff's absence was authorised or not, the High Court Division acted illegally in upholding the decree upon overlooking the same. 8. Heard Mr. Shamsul Haque Siddique, learned A......ave till 8.7.76 as the condition of his alling father and wife deteriorated. Thereafter he himself fell ill and with a medical certificate applied for extension of leave till 7.9.76. Having not recovered from illness he again applied for extension of leave with medical certificate until 7.10.76...Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....hands of the appellants and the absconding accused Golap. He stated in his examination‑in‑chief that at about 9‑00 PM he was returning from the bazar with a trunk on his head and his father was holding a hurricane lamp in his hand. His father was behind him. When leaving the main road they ent......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....ocate further contended that without any finding that the enquiry officer acted unfairly and against the principle of natural justice, the Appellate Tribunal acted in excess of its jurisdiction in holding that the respondent No.1 was not given any opportunity to defend himself before the enquiry...... for that. He was placed under suspension by an order dated 3.5.1988 on the allegations of misconduct and breach of office discipline. Thereafter he was served with charges under Rule 3(b) of the Government Servants (Discipline and Appeal) Rules, 1985 on 13.6.1988 bringing allegations on four he..Category: Administrative Law | Date: | Hits: 138
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