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Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....or the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......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. ......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)
....ons 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. ......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. ......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)
....endment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......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......nd application for amendment of the plaint on 8.6.1988 out of which the present appeal has arisen. In the said application the plaintiff, inter alia, alleged that inasmuch as he had already claimed recovery of possession upon payment of ad valorem court fee on the value of his claimed share in t......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)
....er issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......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. ......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)
....ivision 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. ......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. ......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)
....dent 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. ......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. ......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)
....e 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. ...... 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. ......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)
....d arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ...... 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: ......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)
....bsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......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: ......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)
....s 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: ...... 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: ...... 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)
....earned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......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. ......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)
....ion the same for early hearing the appeal. Ed. This Case is also Reported in: ......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: ......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)
....ners". 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: ......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: ...... 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)
....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.......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.......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
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....on upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177...... Case No. 52 of 1994 setting aside the auction held on 6th October, 1998. 3. The writ respondent No.3, i.e. Janata Bank, Chowmohani Branch, Chowmohani, Noakhali as plaintiff obtained a decree for recovery of Tk. 19,80,076.88 in Mortgage Suit No. 52 of 1992. Lands and buildings including machiner......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177..Category: Civil Law | Date: | Hits: 92
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....e equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ...... 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 ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....igh Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......lan was sanctioned respondent No. 4 filed an objection to the RAJUK complaining that she had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased by the appellants, recovery of possession, cancellation of the power of attorney and cancellation of sale deeds in fav......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....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. ......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. ......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)
....dingly 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. ......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. ......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)
....ondent 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. ...... 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. ......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