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Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....ps in an appropriate forum for setting aside the order of cancellation of validation dated 12.1.89 and obtain a declaratory decree to that effect. The SCC Court has no jurisdiction to give such declaration, the learned Judge held. 7. Leave was granted to the plaintiff-appellant to consider......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......ing the plaint of Small Causes Suit No.21 of 1988 under Order III rule 1, Order VI rule 14 and Order VII rule II of the Code of Civil Procedure. 2. Messers Anath Bandhu Guha and Sons Limited, a Bangladeshi Company having its principal office at Mymensingh, through its constituted attorney Md..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
.... from the Presiding Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elected Chairman is without lawful authority. Consequently, the publ......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secretariat & others.....………..Category: Election Law | Date: | Hits: 126
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....and the impugned auction sale in respect of the suit property illegal, fraudulent and were they passed and held against a dead man MA Naser? 4. Are the plaintiffs entitled to get the decree of declaration for their sixteen annas ownership in the suit property and are they the legal heirs of A......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Parveen Banu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, represented by its Chairman & others.....…Res..Category: Property Law | Date: | Hits: 95
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....gh Court Division in 2nd Appeal No. 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", "Kha" & ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....ribed in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property described in schedule 'A' and (c) for declaration that the deed No. 16157 dated 27.10.1969 in favour of Ali Ahmed Khandker and the deed No......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......situation in the locality deteriorated he left the area for the time being and could not take care of the property, that defendant Nos. 1 and 2 having no right, title and interest since liberation of Bangladesh occupied the land described in schedule 'B' and when plaintiff asked them to vacate the l..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....ntry of all consignment of Birla Brand truck/non-truck tyres, LCV, Car tyres and other materials until the disposal of the application for the purpose. 2. The plaintiff filed the suit for declaration, inter alia, that the plaintiffs are the sole distributors, sole indentures and exclusi...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......tion for the purpose. 2. The plaintiff filed the suit for declaration, inter alia, that the plaintiffs are the sole distributors, sole indentures and exclusive importer of Birla Tyres for Bangladesh on the basis of their appointment letters and contracts/ agreements made with them until..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
.... passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......ll stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....umn of date of birth was blank or that he had no knowledge about such record of his date of birth and further law on the point is very clear as Rule 9 of the Bangladesh Service provide that "A declaration of age, made by the an applicant for government service at the time of, or of the purpo...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bangladesh Agricultural Development Corporation Vs. Abdul Barek Dewan, 4 MLR (AD) 167. Lawye..Category: Employment/Service Law | Date: | Hits: 82
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgment Ma..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Fairtech Limited & ors...............…………………………...Petitioners Vs. Bangladesh Shilpa Bank……………………..................Respondent Judgment July 10, ..Category: Banking Law | Date: | Hits: 94
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ...............Appellant Vs. Sanwar Hossain Talukder & ors...................................Respondent Judgment April 4, 1990. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....nt the day together immediately before the occurrence and nothing happened during the day which might have something to do with the alleged murder. In a case of this nature based only -upon the dying declaration there should have been some evidence of motive although motive may not be proved in case......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......ry J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another ………………….Petitioner Vs Bangladesh Commerce Bank Ltd., Dholaikhal Branch and others………..Respondent ..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
.... same upon reversing the judgment and decree dated March 25, 1995 of the Court of Senior Assistant Judge, Rajshahi in Title Suit No. 220 of 1994 decreeing the same. The suit was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenu......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......sts. Ed. ..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......ent and perused the judgment of the High Court Division and other connected papers. 5. The admitted facts are that the respondent as Managing Director of Engineers and Consultants (Bangladesh) Ltd. (ECBL) got the work of consultancy services for the project of construction o..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ...... Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641; Food vs. Jalaluddin Ahmed, 37 DLR (AD) 27; Md. Ismail Serang vs. Munshi Ali Hussain and others, 6 DLR 641; Government of Bangladesh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation of Pakistan, P..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....Original Decree No. 88 of 1998 allowing the appeal in part ordering that the judgment and decree of the trial court so far as it relates to refusal to grant relief other than mandatory injunction, declaration reinstatement as well as LPR benefit are set aside while the judgment in respect t......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......1988 he was punished; that he was not fit to be favored with time scale; that he is not entitled to bonus claimed for in view of letter of the Ministry of the Finance dated 12.11.1974 and letter of Bangladesh bank dated 30.05.1975 and 17.09.1977; that according to the rules, benefit of leave pre..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......ir Husain CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Amirul Kabir Chowdhury J A.K.M. Farooq………………Appellant Vs. Bangladesh Biman Corporation & another………..Respondent Judgment ..Category: Employment/Service Law | Date: | Hits: 91
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....n No. 1635 of 1995 to its original file and number. 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 of 1991 against the defendant petitioner and other for declaration that they are in possession of the suit land described in 'Ka' schedule land appertaini......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......d without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....he plaintiff Nos.2-4 on September 30, 1975, that defendant Nos. 1 and 2 of the instant suit i.e. Title Suit No. 285 of 1984 although had no title but they instituted Title Suit No. 206 of1976 seeking declaration of their title impleading the plaintiff No.1 and the predecessor of the defendant Nos.4-......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
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