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Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....on is not correct. This Division considered the fact that one of the heirs of the original allottee appeared before the court and deposed in support of the fact that she and her sons at no point of time left Bangladesh and that she obtained Nationality Certificate from the competent authority. The......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....the real question of controversy between the parties, but it could not be allowed, if it changed the nature and character of the suit, or if the prayer for amendment had become barred by lapse of time and a right had accrued to the other side. But the latter principle can be departed from, i......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....ack and his whereabouts were not known and the alleged transaction in between Ghalib Hossain and the respondent is a concocted one and that she was not in possession of the building at any point of time and was not evicted either. His further case is that Momtaj Begum was found in possession in ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....l Islam and Md. Abdul Hannan were also appointed as Niskah Registrars of Charputimari Union, Palabandha Union, Gaibandha Union and Islampur Union of Islampur Police Station respectively at the same time on temporary basis; against the above appointments of the respondent No. 1, Md. Abdul Hannan a......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ..Category: Civil Law | Date: | Hits: 133
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....sideration the materials collected through flawed enquiry, the order of dismissal was not sustainable in law or in other words dismissal of the respondent No.2 was not legal. 10. At the time of granting leave it was submitted that inadvertently the appellant did not bring to the......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
.... been executed on 19.08.1965 has not yet been produced and merely a copy of the certified copy, obtained as late as in the year 1993 from the Office of the Sub-Registrar, Karachi for the first time, has been annexed with the leave petition as Annexure-L and further their being no explanation......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
.... very often used to visit that house to live with the deceased. On 22.12.1998 the appellant took the deceased from that house on a plea of going to visit his sister's residence at Dinajpur. At the time of departure the deceased was dressed by her brother's wife by her own shari, blouse and ornam......terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....of complaint was filed stating, inter alia, that the complainant agreed to sell her property at Khilgaon under Ramna Police Station at a consideration of Tk. 6,80,00,000/- with the accused. At that time a sum of Tk. 80,00,000/- was paid by pay order. For the balance amount the accused-petitioners......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... the goods so assessed. 3. Facts stating which the writ petition was filed in short, that the respondent opened Letter of Credit on September 23, 1993 to import Cigarette papers and at that time tariff value in respect of the aforesaid goods was at US$ 1418 per metric ton as was fixed by...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....t would possibly a different case. It is settled law that where a party to a contract commits an anticipatory breach of the contract, the other party may choose to keep the contract alive till the time of performance and claim specific performance but in that event he cannot claim spec......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....tion) in Bangladesh Agricultural Research Institute (B.A.R.I.), Joydebpur, Gazipur on 24.10.1990 and was promoted to the post of Senior Assistant Director (Administration) on 15.04.1996. In the meantime, he was transferred on deputation to the Bangladesh Agricultural Institute, Sher-E-Bangla Nag......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....hul Amin CJ.- This appeal, by leave, is directed against the judgment and order dated 30th October, 2002 passed in Civil Petition for Leave to Appeal No. 2164 of 2001 dismissing the leave petition as time barred filed against the judgment and order dated 16.8.2000 in Civil Revision No. 1050 of 1998 ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....n the Civil Petition for Leave to Appeal that while the said Petition for Leave to Appeal was pending for hearing the respondent No.1 was released on bail upon accepting her bail bond. 13. At the time of hearing of the Civil Petition for Leave to Appeal No. 49 of 2008 the learned Counsel for the......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...Category: Criminal Law | Date: | Hits: 51
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
.... was never retrenched from service as alleged. One Shahadat Hossain who served in the same Project with the respondent was absorbed in the Ministry of Establishment and has been given seniority and time scale. The respondent has been legally and rightly absorbed as surplus officer like Shahadat ......ever retrenched from service as alleged. One Shahadat Hossain who served in the same Project with the respondent was absorbed in the Ministry of Establishment and has been given seniority and time scale. The respondent has been legally and rightly absorbed as surplus officer like Shahadat Hossai..Category: Employment/Service Law | Date: | Hits: 119
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....stern Bank Limited (EBL) and deposited U.S. $ 6,000,000.00 in it being share subscriptions paid by the Government of Saudi Arabia. The said amount was placed in an interest bearing foreign currency time deposit accounts known as placement funds on weekly, monthly, quarterly and half yearly ......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....nch Assistant of 2nd Court of Subordinate Judge, Khulna, he was charge sheeted on the allegations that he on his transfer failed to hand over the records of three cases to his successor at the time of making charge and he also failed to obtain the signature of the Presiding Officer in the ju......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
.... Administrative Appellate Tribunal committed an error of law in considering the alleged certificate dated 25.9.93 showing respondent No.1 as a freedom fighter which was filed for the first time before the Administrative Appellate Tribunal, although the Administrative Tribunal case was f......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
....way from the border and the appellant was also not convicted for smuggling under section 25(2) but for hoarding under section 25(1) of the Special Power Act. Mr. Sobhan further submits that at the time of seizure of the salt in question there was no ceiling whatsoever prescribing the quantity of...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ..Category: Criminal Law | Date: | Hits: 70
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....that there has been discovery of new and important matter or evidence which, after the excise of due diligence, was not within their knowledge or was passed or could not be produced by them at the time when the judgment order made, or on account of some mistake or error apparent on the face of t......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
.... for the respondent No. 1-2 and perused the judgment of the High Court Division and other connected papers. 6. The learned Additional Attorney General reiterated the submissions made at the time of obtaining leave to appeal before this Division. He further submitted that for lodging an F......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ..Category: Criminal Law | Date: | Hits: 49
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