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Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....the 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) 501....... the High Court Division fail to appreciate oral evidence of P.W.2 who proved clearly that the 'Kha' schedule property was never in joint possession of Keshob Lai and thus, committed wrong in the decision. 4. Admittedly Bonobehari Ghosh was the owner of the 'Ka' schedule land to the plaint wh..Category: Property Law | Date: | Hits: 29
Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499....... connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dis..Category: Property Law | Date: | Hits: 17
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh 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) 495. ......rincipal loan amount and in that circumstances the loan granting bank is now estopped to claim further amount from the writ-petitioner on account of loan. These letters were mere letter conveying the decision of the bank authority to remit interest accrued on the loan granted to the writ-petitioner...Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......ding upon the plaintiff and the learned Subordinate Judge vide his judgment and order dated 14.10.1999 rejected the application on the finding that regarding the deed of patta dated 16.03.1932, a decision was given in the judgment of Title Suit No.384 of 1968. 6. Being aggrieved by and dissat..Category: Procedural Law | Date: | Hits: 95
....order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......full fledged trial of the suit, the suit is remanded again to the trial Court, the ends of justice will be defeated. In that view of the matter, we find no ground to send the suit on remand for fresh decision for enabling the parties to fill up the lacuna. On consideration of the evidence on record,..
Category: Property Law | Date: | Hits: 38
Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)
....ay. Security of Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......r leave to appeal is directed against the judgment and order dated 03.06.2008 passed by the High Court Division in Writ Petition No.661 of 2004 making the Rule absolute setting aside the judgment and decision dated 06.12.2003 passed by the Chairman, Second Labour Court, Dhaka in Complaint Case No.5 ..Category: Labour and Industrial Law | Date: | Hits: 79
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......‘satisfaction’ must be of the Commission itself constituted of no other person than its Commissioners. The relevant order to submit assets may be issued by any of its authorised officials but the decision to issue such an order must be recorded by the Commissioner(s). 44. In the present case,..Category: Anti-Corruption Laws | Date: | Hits: 231
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ...... submits, the whole of tannery area are of red category, but still they did not install ETP in direct violation of the relevant provisions of environmental laws. In this connection, she refers to the decision of Dr. Mohiuddin Farooque V. Bangladesh 55 DLR (2003) 69 in which one of us was the author ..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....ls in implementing the letters of the law and the decisions of the Government taken in this regard and published in the Bangladesh Gazette as far back as on 7.4.1986 (Annexure-C), not to speak of the legislative intents so solemnly glorified in the Act of 1995 and the Rules made thereunder in 1997. ......This rule was issued calling upon the Government of Bangladesh represented by the Secretary, Ministry of Industries and others to show cause as to why a direction should not be given to implement the decision of the Government dated 5th June, 1986, published in the Bangladesh Gazette on 7th August, ..Category: Environmental Law | Date: | Hits: 345
....rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside.
Office is directed to communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233.......he plaintiff’s case of alleged contract between the plaintiff and defendant no.1 was genuine. If the contract with the plaintiff is found genuine then the subsequent transfer will be subject to the decision in the suit”.
13. Therefore, I hold that presence of petitioners are necessary in orde..
Category: Property Law | Date: | Hits: 27
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......back material facts and circumstances from the Court even if the facts are against them. In our view, the High Court Division on consideration of all aspects of the matter arrived at a correct decision. Both the leave petitions are dismissed. However, the original recorded tenants may wi..Category: Property Law | Date: | Hits: 23
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......pre-emptee opposite parties, has referred to us the Case of Shafi Khan Vs. Mannujan Hossain and others, reported in 35 DLR (AD) 225 in support of his submission. 12. On going through the cited decisions we are of the view that the present case is fully covered by the Cases cited by Mr Majumde..Category: Property Law | Date: | Hits: 22
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......re is an order dated 24-3-1999 recorded by Second Court of Assistant Judge, Dhaka in Title Suit No. 226 of 1985 allowing an application under Order 26 rule 9 of the Code of Civil Procedure. 2. The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting ..Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....de of Civil Procedure this court can set things right, even suo motu, if it comes to the notice of the Court. Section 151 of the Code of Civil Procedure does not formulate any new doctrine but only a legislative recognition of the well known doctrine and principle, that every Court has inherent powe......t appears that defendants opposite party Nos.1 and 2 Executive Engineer and Assistant Commissioner (Land) contested the suit by presenting written statement and also challenged the correctness of the decisions recorded by the learned Trial Judge in awarding a decree in favour of the plaintiff- petit..Category: Property Law | Date: | Hits: 21
....costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183.......rded by learned District Judge, Moulvibazar in Title Appeal No. 5 of 1999 rejecting a petition presented by petitioner for condonation of delay of 1038 days and thus, dismissing the appeal.
2. The decision proposed to be recorded in this Civil Revision petition does not call for a detailed recoun..
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......ts. 6. The High Court Division appears to have discussed the evidence on record in detail and made the rule absolute setting aside the decree passed by the Courts below and remanded the case for decision by the appellate court below on fresh hearing observing amongst others that: "Admitted..Category: Property Law | Date: | Hits: 79
Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ......o.2 is not his son. So, the suit is liable to be dismissed. 4. Mr. Md. Khurshid Alam Khan, learned Advocate, appearing for the petitioner submitted that in the case of the Mohammedan Law the decision of the past maintenance is applicable. The provision of the past maintenance is applicable ..Category: Family Law | Date: | Hits: 182
.... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......, reported in the Special Issue of BLD 1989 (Para 53 at page 61 and in this connection he also relied on the case of Ahsanullah Vs. Bangladesh reported in 44 DLR 192 Para 66. Relying on the aforesaid decisions Dr. Hamid further reiterates his point and submitted that although the aforesaid principle..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......itration Tribunal of FBCCI under section 12 of the Trade Organisation Ordinance, 1961 which is the guiding law for the purpose. The Arbitration Tribunal, according to the petitioner, did not make any decision in the matter and kept it pending. Then he went before the Election Appeal Board. The Appea..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ...... not permitted to raise such plea in evidence and also could not prove that the transfer took place on the negotiation of the pre-emptors. The trial Court while holding the aforesaid view relied on a decision reported in 27 DLR 413. The trial Court noticed that the Case land is a homestead and pre-e..Category: Property Law | Date: | Hits: 31
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