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M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....d with a view to avoid further complication, the defendants had decided to rescind the letters of intent and the defendants further stated that there was no concluded contract between the parties over the suit property and as such, the plaintiff is not entitled to get a decree for speci......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
.... CJ. - This petition for leave to appeal is directed against the judgment and order 20th April, 2008 passed by the High Court Division in Writ Petition No. 5063 of 2005 making the Rule absolute in part. 2. Short facts as placed before the High Court Division are that the writ petitioner is ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....ned Additional Assistant Judge, First Court, Dhaka in dismissing the Miscellaneous Case No. 13 of 1995 filed by the defendant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte decree dated 19.8.1995 passed in Title Suit No. 1 of 1995. 2. Short facts are that the plai...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Simon Singh Vs. State, 2008, 37 CLC (AD)
....ere under and sentenced him to death. 10. Being aggrieved and dissatisfied thereby, moved the High Court Division by preferring above mentioned appeals and the High Court Division upon hearing the parties dismissed the appeals and the Death Reference submitted by the learned Sessions Judge, Sylhe......ame and P.W.1 father of the victim lodged the F.I.R. whereupon the Sylhet Kotwali Police Station Case No. 35 dated 10-08-2002 was started under Section 302 of the Penal Code. 4. The police took up investigation, visited the place of occurrence, prepared sketch map with separate index of the ..Category: Criminal Law | Date: | Hits: 47
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....bsp; ATM Afzal CJ.- The question raised in this appeal by leave is whether the respondent who is an Assistant Director, National Security Intelligence (N.S.I.) Department should be treated as an officer absorbed in the said department as a surplus officer ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....or Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner. Md. Hannan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For respondent No. 4. Ex parte-Respondent Nos. 1-3. Civil Appeal No. 106 of 1997 (From the Judgment and Order ......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..Category: Property Law | Date: | Hits: 35
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....as a Chargeman in the Pakistan Ordnance Factory at Wah Cantonment, Rawalpindi and on 10.5.71 he came to Bangladesh on 38 days earned leave and on his arrival at home in the district of Faridpur, he participated in the war of liberation by way of supplying food to the freedom fighters and af......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
....m time to time, specify than the quantity necessary for the reasonable needs of himself and his family, for a period up to three months or such longer period as may for special reason in a particular circumstances be considered a reasonable period. 11. (2) For the ......s of salt of various types from the house of the appellant and he then prepared seizure list in presence of the witnesses and then Joydebpur P.S. Case No. 1 dated 2.3. 98 was started and after investigation the police submitted charge sheet against the appellant under section 25(1) of the S..Category: Criminal Law | Date: | Hits: 70
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....withdrawn with permission to sue of terse. A fresh petition was thereafter filed with the prayer to grant succession certificate. 4. One Haji Tasiruddin Shah was added as opposite party in Miscellaneous Case No. 138 of 1982 asserting that Haladhar Chandra Dey died in the middle ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..Category: Property Law | Date: | Hits: 39
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....s and the said defendant is not the Benamder of the plaintiffs, that the contract between the plaintiffs and the defendant No.1 has lost its Validity and as such there is no breach of contract on the part of the defendant No.1, that the contract between the plaintiffs and the defendant No.1 has been...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..Category: Property Law | Date: | Hits: 67
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
.... Court of the District Delegate Judge who is also the Additional District Judge, Barisal who refused to grant probate by his judgment and order dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....e a gift of the suit premises to the plaintiff No.3 to the knowledge of all concerned. Defendant No.1 requested the plaintiffs to recognize him as the tenant after Altaf Hossain left the partnership business. Plaintiffs accepted defendant No.1 as the sole tenant. Defendant No.1 inducte......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....of the phases of the contract to Respondent No. 1 The learned Counsel has further submitted that while disposing of the writ petition the High Court Division noticed irregularities on the part of Respondent No. 2 and its officials in the process of making selection of the Contractor fo......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ..Category: Procedural Law | Date: | Hits: 83
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....First Court, Dhaka praying for permanent injunction against the defendant Government of Bangladesh and other Government Officers restraining them from entering into the 'Ga' Schedule land part of the 'kha' schedule which is out side the land acquired in L.A. Case No. 13 of 1956-60. The ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....hat the impugned judgment of the High Court Division is not a proper judgment of reversal inasmuch as the lower appellate court being the final Court of fact, on consideration of evidence on record particularly considering the evidence of the scribe and the attesting witnesses namely D.Ws 2......the plaint are not guanine signature of Debendra Chandra Sharma applying the Evidence Act, 1872. He argued that Section 73 of the said Act gave ample jurisdiction to the Court to make an investigation by way of comparing any disputed signatures in order to arrive at finding as to the g..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....stigated by his mother, the appellant and others. The further case is that on 07.03.1992 informant was assaulted by her husband on demand of dowry. Subsequently at the intervention of both the parties she came back to her husband's house in Dhaka but again she was assaulted by her husband f......e No. 4(3) 93 under Sections 6/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was started against her husband M.A. Malik and another M.A. Sadeque and the present Appellant. After investigation police submitted charge sheet under Sections 6/9 of the Cruelty to Women (Deterrent P..Category: Criminal Law | Date: | Hits: 64
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
....d order dated 31-01-1995. Against the aforesaid order of conviction petitioners filed Appeal before the High Court division and the learned Single Judge of the High Court Division upon hearing the parties and on considering the evidence dismissed the appeal and affirmed the judgment of the ...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....ior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1 -3. Ex-parte-Respondent Nos.4-5. Civil Appeal No.12 of 1998. (From the Judgment and Order da......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..Category: Property Law | Date: | Hits: 44
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
.... November 24, 2002. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-part-Respondent Nos. 2-4. Civil Appeal No. 31 of 1998. (From Judgment and order date......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ..Category: Procedural Law | Date: | Hits: 94
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....d. Fazlul Haque J.- This appeal by leave is against the judgment and order dated 4.9.1994 passed by the Division Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Cour......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ..Category: Civil Law | Date: | Hits: 79
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