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Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... petitioner, submits that the order passed under Regulation 55(2) of Service Regulations 1990 is a termination simpliciter and as such the learned Judges of the High Court Division erred in law in holding the same to be mala fide one. 5. It appears that the Corporation initi..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......ase challenging the order of his dismissal. The AT although found that some of the allegations against the respondent was proved during the departmental enquiry but set aside the order of dismissal holding that the Superintendent of Police had no jurisdiction to dismiss the respondent, who was a ..Category: Administrative Law | Date: | Hits: 116
....leave petitions to appeal and leave was granted to consider the submissions of the learned Counsel appearing for the HBRI and the learned Attorney-General that the writ petition having raised several disputed question of facts relating to the title and possession of the respondent society in respect...... of their title to the disputed land was dismissed for default, the learned Judges of the High Court Division erred in deciding those disputed question of facts under the writ jurisdiction and in not holding that the petition itself was not entertain able, that impugned Annexure-W being an office or..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....n record by the plaintiff to disprove the presence of condition recited in the documents in question defendants have relied on the recitals of the said documents. 18. The undisputed position is that the transfer by Ext B is being challenged not only after the death of the......udges of the High Court Division erred in law in setting aside the concurrent findings of the courts below that Beloka Sundari had no legal necessity to transfer the property and thereupon erred in holding that Beloka Sundari had legal necessity to transfer the land in suit by the kabalas dated ..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ance, 1985 (LIV of 1985), Section 5(1) (b) Since no notice as contemplated under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned buildings is without lawful......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..Category: Property Law | Date: | Hits: 46
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......ting tenancy, the notice under section 106 Transfer of Property Act Exhibit 2 having been issued on 18-1-74 terminating tenancy with the expiry of 28-2-74, the High Court Division erred in law in not holding the tenancy has been terminated with the service of notice under section 106 Transfer of Pro..Category: Tenancy Law | Date: | Hits: 76
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....h manner and on such terms as may be just and all such amendments shall be made may be necessary for the purpose of determining the real question in controversy between the parties. 12. It is not disputed that the amendment of the plaint may be allowed at the appellate stage but the amendment ha......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ...... of the parliament belonging to the ruling party and the Government servants in breach of Article 86 of Presidents Order 155 of 1972 took up their residence in the constituency 15 days prior to the holding of by- election and manifestly misused their official position to influence the result of ..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....he first sub-clause this clause, and the Society shall have full powers to exercise all or any the powers conferred by any part this clause in any part of the world.” it is the undisputed position that appellant No.1 has been registered under the Act ‘to engage charitable......ve to Appeal No.375 of 2000 and Mr Rokanuddin Mahmud in Civil Petition for Leave to Appeal No.441 of 2000 leave was granted in the following terms: (i) The High Court Division erred in holding that for a society registered under the SRA 1860 to start a commercial enterprise like a b..Category: Constitutional Law | Date: | Hits: 199
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
.... granting order and our consideration thereof are hereunder. 6. There is no dispute as to Jana Jiban Dutta’s ownership in the suit premises and that Kiran Bala succeeded him as his daughter. The disputed issue is whether the defendant-appellant took lease of the suit premises from Jana Jiban Du......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......oner moved this Court with this petition. 4. Mr. Moksudur Rahman, learned Counsel appearing for the petitioner, submitted that the High Court Division erred in law in not holding that whether the error crept through Court’s oversight or counsel mistake if it is ap..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....ents Judgment May 29, 2001. The Transfer of Property Act,1882 (IV of 1882), Section 105 i) There is no scope in the writ petition to decide disputed question of ownership of the parties in the land in question which should be left to be de......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ...... High Court Division by judgment dated 26-6-1997 condoned the delay. 6. We have gone through the judgment of the High Court Division and it appears that the High Court Division condoned the delay holding that there was no negligence on the part of the Government-respondent but it was due to the ..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
........ Respondents. Judgment April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot e......reducing him to the lowest stage in the time scale. Against the judgment of the AAT the Agrani Bank moved the Appellate Division. The Appellate Division after hearing the parties allowed the appeal holding, inter alia- 10. It may be mentioned the AAT while observing "the order..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......CR (HCD), 43. 16. In the reported case in a certificate proceeding property belonging to the member of the Hindu community was sold and after 5 years, as it appears, a tenant of the holding approached the Revenue authority for setting aside the auction sale and the applicatio..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......ality and as such he is not to cancel the License No. 7/84 at least till the conclusion of the aforesaid case; that the writ-petitioner suddenly got a notice under the impugned memo dated 8-4-1990 holding that the authority did not find the reply satisfactory and as such cancelled the Licence No..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......vernment invoking the provision of Rule 11 (3) of the Government Servant's (Discipline and Appeal) Rules 1985 placed the respondent under suspension and commenced a fresh proceeding with a view to holding an inquiry on the charges as per Government order as contained in Memo dated 11.11.1999, wh..Category: Administrative Law | Date: | Hits: 124
.... petitioner did not pay.
3. We have heard Mr. Rokonuddin Mahmud, the learned Counsel for the petitioner and perused the order of the High Court Division and other connected papers.
4. It is not disputed that the order of the adjudicating officer that is Commissioner of Excise, Customs and VAT,......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......passed by a Division Bench of the High Court Division in Writ Petition No. 3179 of 2005 summarily rejecting the writ petition. 2. The writ petitioner filed the Writ Petition challenging the holding of office of Chairman, Jhalakati Pourashava by Respondent No.4 on the grounds, inter alia, ..Category: Election Law | Date: | Hits: 120
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