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S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......d record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But it can never be considered to be a good exercise of discretion when a person is reinstated in an institution like a bank by way of altering an order of dismissal from s..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. ......ion of the defendant-petitioners, it was contended on behalf of the plaintiff opposite party that the suit filed by him is very much maintainable as setting aside of auction sale was sought by the persons who are not of the category of the persons as in section 37 of the PDR Act. The High Court ..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......ated about 40 miles away from City Corporation Area. According to the writ petitioner this curtailment of Ward No. 24 from the area of the writ petitioner and the appointment of respondent No. 3 a person resident of different police station was illegal. 4. A Division Bench of the Hig..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......sh after 16th February, 1969. It further appears as back as in the year 1973 Biraj took objection against the lease granted in favour of defendant No.1.From record it further appears that Manitara personally appeared before the local Tahshil Office in 1970 and paid rent for the suit land. Record..Category: Property Law | Date: | Hits: 51
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.............................Respondents. Judgment November 16, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982) (Amending Act 20 of 1994), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquir..Category: Property Law | Date: | Hits: 58
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. ......ng that Fatullah P. S. Case No. 10(2)88 U/s. 18(a) of the Arms Act and Sections 3 and 4 of the Explosive Substance Act was started. The case of the petitioner was that his father was a respectable person and had a licensed gun and upon his death the gun was deposited in the local Police Station...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. ......s, 1985 at the belated stage. 19. In Halsbury's Laws of England, 3rd Edition Volume-14 page 637, “Waiver is the abandonment of a right, and is either express or implied from conduct. A person who is entitled to the benefit of a stopreater in a contract or of a statutory provision ma..Category: Administrative Law | Date: | Hits: 124
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......ose jurisdiction- (a) the defendant, or each of the defendants where there are more than one, at the time of commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or (b) any of the defendants, where there are more than one, at the t..Category: Civil Law | Date: | Hits: 130
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......vil Procedure will apply and they are sufficient to give authority to Government Pleader to file application to establish the fact that the decision was made by the Government, unless, of course, the person challenging it could produce any cogent material to hold to the contrary. The provision of th..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ...... to attend the Income' tax Officer's Office and to produce evidence. Failure to do so immediately attracts the provision of sub-Section (4) which is in the following terms: "If any person fails to make the return required by any notice given under subsection (2) of section ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......f are that plaintiff-appellant filed a suit for ejectment after a notice under section 106 of the Transfer of Property Act, against the tenant-respondent, on the ground of bonafide requirement for personal use and occupation, and also for the default of the tenant in payment of rent. 3. P..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ...... Madhumati, the local people shifted the cattle market to the land measuring an area of 1.05 acre comprising Plot Nos. 166, 167, 168, 350 and 353 of Mouza Golarchak belonging to different persons since transferred to the appellant by registered deeds of gift. It may be mentioned th..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......ous year as then applicable to him except with the consent of the Income-tax Officer and upon such conditions as the Income-Tax Officer may think fit to impose; or (b) In the case of any person, business or company or class of person, business or company such period as may be de..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......ng orders of injunction and other interlocutory orders passed in such suit, appeals applications and other legal Proceeding shall cease to have any effect; and no court shall entertain and no person shall bring fresh suit, appeal, application or other legal proceedings in which the legality..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......pecial rule of onus of proof will apply in a suit where the executants herself is either the Plaintiff or the Defendant of the suit, being a pardanashin lady. The rule cannot be extended to any other person other than the transferor or the executants, who is herself a pardanashin lady…………..(..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ...... to enable him to decide whether to take cognizance or not against the present appellants. 2. Facts giving rise to proceedings are as follows: The respondent lodged a Complaint petition against 24 persons On the allegations that they formed an unlawful assembly and trespassed into his house and l..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......an likely that such a form of transaction shall fall into disuse in no time". It considered that the right of repurchase is a 'privileges' granted for the benefit of the seller which is essentially personal in character. The President's Orders were considered in the background of previous law, n..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......n expressly violated nor has it been pointed out that there had been any breach of any statutory condition. The suit was presently framed under section 42 of the Specific Relief Act which speaks of a person "entitled to any legal character or any right as to any property", the plaintiff ought to a..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......egulation 6(2) says that annulment of any judgment, decisions, decree, writ, injunction referred to in the proceeding paragraph shall not disturb or otherwise affect the right or interests of any person in any property which before the commencement of the Regulation has been actually or effect..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ellant was given sufficient opportunity to show cause against the charges levelled against him and he duly showed cause appearing before the Board, examined witnesses in support of his case and was personally heard by the Board. On this finding the Rule was discharged. 4. Syed Ishtiaq Ahmed, th..Category: Employment/Service Law | Date: | Hits: 70
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