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Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

....the appellant by virtue of registered kabala Nos. 22712, 22689, 22635 dated 31 October 1978 had purchased disputed lands and on the basis of such purchase he had prayed for compensation. But a long time ago the compensation money for the lands had got distributed. 4. On 21 June 1979 the a...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..

Category: Property Law | Date: | Hits: 28

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....r repair. The generator was   ultimately restored in the factory in 5.12.88. During 4.12.88 to 5.12.88 there was irregular supply of power by the P.D.B to the plaintiff's plant for short time and the power supply was finally restored by the P.D.B on 6.12.88 at 6. P.M. After failure of ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ..

Category: Civil Law | Date: | Hits: 135

Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)

....urther, case of the respondents is that though the post of Kanungo was upgraded to the second class gazetted post, the Ministry of Finance did not give effect to the proposed pay scale. In the meantime, the Ministry of land invited applications for appointing 106 Kanungos instead of implementing......is clear from the gazette notification that the post of kanungo has been upgraded to Second Class Gazetted post. 12. Mr. Abdul Wadud Bhuiyan however, has tried to impress upon us that if the appointments are now made without giving the pay scale and without amendment of service rules, ulti..

Category: Civil Law | Date: | Hits: 117

Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)

..... Abul Hashem Khan paid the entire considera­tion but possession of the disputed plot was not given to him as the land was in physical posses­sion of appellant Bazlur Rahman at the relevant time. The appellant Bazlur Rahman then filed Title Suit No. 169 of 1967 challenging allot­ment ......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..

Category: Property Law | Date: | Hits: 30

Khurshid Alam and Others Vs. Azizur Rahman & oth­ers, 2004, 33 CLC (AD)

....g of the case in spite of an earlier order that the cases filed against the Managing Director and the said case shall be heard together and the further sub­mission that the F.I.R. contains the time when it was lodged with the Motijheel PS. on 17. 09. 1994 which has been overlooked by the Hig...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ..

Category: Criminal Law | Date: | Hits: 40

Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)

....appellant, the High Court Division erred in law in not holding that the suit for dec­laration of title is not maintainable and that Ext. A registered kabala dated 25.1932 is earlier in point of time as against the kabala of the plain­tiff dated 11.7.1935 from the admitted owner Kamini Bal......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ..

Category: Property Law | Date: | Hits: 29

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......nted 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 and Md. Shafiqul Islam as Nikah Registrars o..

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 ...... very fairly placed a basic document which is at page 194 (P.B). It is a summary made by the Ministry of Establishment dated 27.7.1985 for consideration of the Hon'ble President with regard to the appointment of officers and employees who had lost their jobs due to administrative reorganization...

Category: Employment/Service Law | Date: | Hits: 119