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BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......e may be made to 48 DLR (AD) 6, 49 DLR (AD) 116 and 60 DLR (AD) 90. 8. The High Court Division therefore upon correct assessment of the legal position and materials on record arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly..Category: Fiscal/Taxation Law | Date: | Hits: 125
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147....... notification dated 12th January, 1934 (Ext.4) treating the suit land as Protected Forest and the Gazette notification dated 17th July, 1937 Ext. A (1) and 13 the April, 1955 Ext. A (2) conveying the decision of the Government to constitute the suit land as reserved forest. This to goes show that si..Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......High Court Division and when the same has been dismissed question of giving compensation does not arise. 17. Having given our anxious consideration of the materials on record and considering the decision reported in 11 DLR (SC) 401 (A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq) wherein it has b..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ...... Judgment and Order dated 3 August 1995 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 52 of 1994). Judgment Bimalendu Bikash Roy Choudhury J.- The decision of this appeal turns on the point whether the proceeding against respondent No.1, Md. Mof..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......ion of the same in 'ka' list was unauthorized and that in so far as the property of Writ Petition No. 4165 of 1992 is concerned the same was not liable to be enlisted in the 'kha' list as the decision of the Court of Settlement in this case is leased on the finding of the other case filed b..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......ady. Therefore, both these grounds namely, default and bonafide requirement the plaintiff could prove justifying ejectment of the tenant respondent from the suit premises. Mr. Islam relied upon the decision in the case of Mst. Rahman Khatum Vs. Abdur Rashid Bhuiyan and another, reported in 1985 ..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......the Ministry of Commerce by message dated 1.7.1989 and further by message dated 5.7.1989 assured the writ petitioner that arrear payment of outstanding dues will be disposed of after the final decision by the Commerce Ministry. On the outstanding given by the writ respondents regarding his a..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......petitioners were made in Sue course and only the minor amount payable to them on their leave account was not paid and for which the corporation has written to the Ministry of Communication for the decision and no such decision has not yet been received in the matter to finalise the leave account..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......ection 20 the Act, both effective from 14 April 1956. The plaintiff challenged the notifications so far as those related to his wakf estates in Writ Petition No. 80 of 1957, but following the decision of the Supreme Court in the Province of East Pakistan Vs. Mohammad Mehadi Ali Khan Panni, ..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......ppellant nor to the High Court Division. It is also not denied by the respondent that the passport of the appellant was also earlier impounded as stated above and the same was returned in view of the decision of the High Court Division made in another writ petition and on filing contempt petition as..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......r by Dr. Kamal Hossain, the learned Counsel for the appellant, during the course of hearing of the appeal that the appellant does not challenge at all the proposition of law enunciated in our decision. The appellant's only case is that there is an error apparent on the face of the record in..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......he respondent No. 1 preferred Misc. Appeal No. 51 of 1985. The learned District Judge, Sirajgonj by his judgment and order dated 24.8.88 dismissed the appeal. Being aggrieved by the aforesaid decision of the court of appeal below the respondent No. 1 as petitioner filed Civil Revision No. ..Category: Property Law | Date: | Hits: 33
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ree of the courts below is based " on misreading and non reading and non consideration of the evidence of (sic) record" and thus the appellate court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now settled as ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......for better schooling. The further contention is that he sent money and clothes to the defendant respondent for the minors but the defendant refused. 10. The High Court Division relying on a decision of this court in the case of Md. Abu Baker Siddique Vs. M. A. Bakar and others reported in..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......pon such observation the rule was discharged. 5. Leave was granted to consider the submission that the plaintiff respondents having contested the Writ Petition No. 1465 of 1991 wherein decision having been given to the effect that the deed in question cannot be treated as a deed..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......namely, the Second Court of Subordinate Judge, Barisal, on 8 July 1967. But on appeal the decree was reversed by the Additional District Judge on 28 April 1973 in Title Appeal No. 203 of 1967; this decision of the appellate Court has been upheld by a learned Single Judge of the High Court Di..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......70. The learned Munsif rejected all these contentions and allowed pre-emption. On appeal the learned Subordinate Judge reversed the findings of the trial Court and disallowed pre-emption. The decision of the learned Subordinate Judge was challenged before the High Court Division by two..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......cial leave is directed against the judgment and decree dated 6.4.83 passed by the High Court Division, Comilla Bench in Second Appeal No 352 of 1978 allowing the appeal and reversing the concurrent decisions of the Court below. 2. The appellant, as plaintiff, instituted Title Suit No.602 of 197..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......cord of right was prepared, they are entitled to have their names recorded……………..(14) The High Court Division cannot interfere with the lower Court’s decisions in grounds which cannot be considered in a case under section 141A of the State Acquisit..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......s stated in paragraph 1, the contesting defendants preferred an appeal before the High Court Division, and a Division Bench of the High Court Division allowed the appeal in part, reversed the decision of the trial court on some points and decreed the suit only in respect of two plots, Plots..Category: Property Law | Date: | Hits: 55
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