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Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ithholding of huge amount of investment. That for the sake of law, equity and justice, it is necessary to refrain the respondents from allotting further shares of the Jamuna Bank Limited to any other persons without making proportionate offer to purchase shares to the petitioners. 8. The said ap..Category: Banking Law | Date: | Hits: 185
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......framed Service Regulations in Directors of BSC framed Service Regulations in 1997 wherein the "appointing Authority" was the Board of Directors or any person authorized by the Board. After framing of the service regulations, the Board did not a..Category: Employment/Service Law | Date: | Hits: 91
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....and the stuffs of the College, that he replied to the show cause notice and thereafter the authority held inquiry and later on served 2nd show cause notice along with the report of the Inquiry officer, that while he was served with the 2nd show cause notice the authority wanted to kn......d show cause notice along with the report of the Inquiry officer, that while he was served with the 2nd show cause notice the authority wanted to know from him whether he would like to be heard in person or not and finally the authority dismissed him from the service of the College by..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......visional jurisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any order passed by the executive, the said Division Bench erred in making observation that the person or persons to whom the letter was sent should have filed an application in the said civil re..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......, inter alia, that informant's late husband was the Ward Commissioner for Ward No. 12 under Dhaka City Corporation. On 25. 8. 2001 at about 9 a. m. the informant's husbands along with 3 other persons from his village were going to the BNP office at Banani in a yellow taxi. As they were goin..Category: Criminal Law | Date: | Hits: 31
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. ......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. ..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......role are the real cause in commission of murder and under such situation the High Court Division has erred in law and facts in enlarging the respondent on bail. 5. It appears that 49 accused persons appeared before the High Court Division to obtain the anticipatory bail in this criminal C..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......t, XXVII of 1987 which now stands as follows- "196B power of the Government to call for and examine records. The Government may on its own motion or on an application made by any person within one year of the passing of an order under this Act or the rules made thereunder, cal..Category: Fiscal/Taxation Law | Date: | Hits: 112
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. ......r the Government servant so convicted shall be retained in service or not: Provided that for arriving at such decision no further proceeding will be drawn up against such convicted person: Provided further that no convicted person shall be re-instated or retained ..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. ......e lessee of the Chundeecherra Tea Estate for 35 years and as per terms of the lease deed the respondent Nos. 1 and 2 have no authority to lease out the property of the appellant to some other persons, that on the basis of lease the appellant has acquired vested right in respect of the prope..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......low in the palm of the right hand of the deceased and Mofizuddin as well as Abdur Rahman inflicted dagger blows on various places of the body of the deceased, that P.Ws.2 and 6 recognized the accused persons by the light of the hurricane which was on a table and saw the accused persons assaulting th..Category: Criminal Law | Date: | Hits: 44
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......eged possession and dispossession as a whole and as such it merits interference with by this Court. 5. Mr. N.H. Khandker, learned Advocate, appearing for the respondent No.1 submits that the person dispossessed without the consent or otherwise than in due course of law, can claim for recov..Category: Property Law | Date: | Hits: 51
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......contention i.e. Senior Accountants are in higher grade and the Junior Accountants are in lower grade is also of no merit since question involved in the instant case whether promotion given from the person who are Senior Accountants is legal or not. It is seen that promotion to the post of Account..Category: Administrative Law | Date: | Hits: 125
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......ession. Abdul Aziz transferred the remaining land to defendant No.5.The plaintiff, after his purchase got his name mutated in the khatian. The defendant No.1 is the full brother of Abdul Aziz and a person of desperate nature. Once he assaulted the plaintiff and the plaintiff brought a criminal c..Category: Property Law | Date: | Hits: 30
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. ...... …………….(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purcha..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......…………(5) Case Referred to: Mafizul Haque vs Mofizur Rahman 48 DLR (AD) 121. Lawyers involved: Md. Noor-e-Alam Jahangir—Petitioner-in-person. Aftab Hossain, Advocate-on-Record—For the Respondent No. 7 Not repre..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......d that Inter-Ministerial Communications are merely policy guidelines in respect of certain matters concerning the business of the Government and these do not create any legal right in favour of any person to ask for return of unutilised land validly acquired under the law. 8. In the instant ca..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......es and properly held by the Joint War Committee, Indian Branch, of the Order of St. John of Jerusalem in England and the British Red Cross Society. The first members of that society were nominated by persons who immediately before the commencement of that Act were the members of the Joint War Commit..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ned counsel for the appellant, contends that participation in election not being a common law right but being a right created by a special statute which also provides for the remedy to an aggrieved person in connection with an election, only that remedy is available from the forum created by the s..Category: Election Law | Date: | Hits: 173
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