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Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)

....ould not point out any error apparent on the face of the judgment sought to be reviewed passed by this Division nor the petition for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition i...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 106

Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)

....the knowledge of the pre-emotor about the kabala in question as alleged in the application for pre-emption; the lower appellate court noticed that P.W. No. 2, one of the brother of the pre-emptor, stated that possession of the case land was delivered to the pre-emptee on the next day of the tran......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants to file written statement within two months. 2. The appellant, as plaintiff, filed the above suit seeking d......nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 120

Arif A. Shekha and others Vs. Secretary, Ministry of Indus­tries and another, 2007, 36 CLC (AD)

....nce in a country which was most friendly to Bangladesh at the relevant time and returned to Bangladesh as citizen of Bangladesh with the clearance of the Government of Bangladesh". 31. In has been stated with a specific assertion in the petition that the Writ petitioner No.1 Arif A Shekha and pet......edy under Article 102 of the Constitution being barred. 25. The company Messrs Eastern Tubes Limi­ted, an industrial enterprise, was taken over for the management and operation to conduct all its affairs including operation of Bank Accounts by Notification No.l85-Sl-31 December, 1971 by the Gove..

Category: Business or Commercial Law | Date: | Hits: 114

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

....ol requested the Head Master of the High School not to admit girls in the said institution but the Head Master of the High School did not pay any heed to the request made by the School and, in that state of the matter, the Managing Committee of the School in its meeting held on November 30, 2001 ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 216

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....it bears the writing or signature of a person, as has been deposed to by the witness who proves the said document. The question as to whether the document is a genu­ine one or it represents the true state of affairs is a question of fact which is to be decided by the Court concerned in the light of......the writing or signature of a person, as has been deposed to by the witness who proves the said document. The question as to whether the document is a genu­ine one or it represents the true state of affairs is a question of fact which is to be decided by the Court concerned in the light of the fact..

Category: Property Law | Date: | Hits: 38

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

.... number of suits over the same cause of action. The only limitation is that the last suit will be stayed under section 10 of the Code of Civil Procedure. The respondents did not think it necessary to state that an earlier suit was pending between the parties, as the present suit sought a different r.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..

Category: Procedural Law | Date: | Hits: 116

Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)

....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ..

Category: Criminal Law | Date: | Hits: 51

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

....e appellant and the inten­ding bidders some more changes were agreed upon and then in the Revised Tender Schedule dated 22-6-98, which forms part of the Tender Schedule, Annexure A, at para 2 it was stated as follows: “মালামাল সরবরাহ ১৫০ দিনের পরà......during negotiation with one bidder results in discriminatory treatment to the other bidders and, as such, the respondent No.3, which is the controlling Ministry having the power of supervision of the affairs of the appellant, directed the appellant to withdraw the letter of intent and to invite fres..

Category: Others | Date: | Hits: 100

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

....ensure that the contents of arsenic in the ground water did not exceed a particular quantity as noted in the Environment Conservation Rules 1997. 3. In the writ petition it was, inter alia, stated that the writ petitioner, a former Member of the Parliament from Sonargaon area, a former Mi......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..

Category: Environmental Law | Date: | Hits: 255

Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)

.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....t Judgment April 1, 1990. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for bin......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..

Category: Criminal Law | Date: | Hits: 74

Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)

....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..

Category: Criminal Law | Date: | Hits: 46

Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)

.... 29.3.76, that, thereafter, the petitioner received an order dated 2.6.75 issued by Respondent No. 2, suspending him and directing Respondent No. 4 to take over the charge from him and that it was stated in the Memo containing the said order or suspension, that certain alle­gations of moment...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..

Category: Employment/Service Law | Date: | Hits: 79

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....he land in suit and alleging the kabalas of the defendant Nos.2 and 3 illegal and void filed the suit. 4. The suit was contested by defendant Nos.2 and 3 by filing separate sets of written statements, although their case was more or less identical. It is the case of the contesting defend......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 52

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....ts but they avoided on different pretexts to deliver possession of the land in suit. Hence the suit. 10. The suit was contested by the defendant No. 1 i.e. respondent No.1, by filing written state­ment denying the material averments made in the plaint and stating, inter alia, that the......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....it seeking the relief for declaring order of the defen­dant No.1 illegal, void and without jurisdiction. 4. The suit was contested by the defendant Nos.1 and 2 by filing separate written statements. The common case of the defendants was that prior to preparation of CS khatian land of t......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 35

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

.... powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent for amendment of the additional written statement filed by the said respondent in a suit instituted by the appellants for declaration of th......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 36

Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)

..... Mangal Dubay and others reported in 5 Allahabad 163 F B. and in his support he refers to an observation made by Mahmood, J. which runs thus:— “I may therefore at the outset state that, according to my view of the rules of the construction applicable statutes like the Civ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..

Category: Election Law | Date: | Hits: 122