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Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......wo project areas vulnerable to river erosion and onslaught of flood affecting their hearth and home and livelihood. He submitted that the learned Judges of the High Court Division erred in law in not holding that the writ petition was not maintainable at all inasmuch as the writ petitioners were non..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......nt No. 1 within a period of 3 months from the date of receipt of the impugned order. 2. Respondent No. 1 as the writ‑petitioner filed the above writ petition impugning listing of holding No. 9/28, Block C, Mohammadpur, Dhaka in "Ka" list of the abandoned property publ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......alleged theft of medicine from the store and that he was innocent. The explanation submitted by the respondent No.2 was found not satisfactory and a three-member Committee was constituted for holding an enquiry into the charges brought against respondent No.2 and asked him to appear before ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it, the High Court Division was in error in rejecting the review application holding the same not maintainable an it has also been submitted that the High Court Division failed ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......er title to nor possession in the suit land in suit and the suit was barred by limitation. 5. On appeal the High Court Division reversed the finding of the trial Court as to limitation holding that against the wrong entry in the SA and RS Khatian suit was not needed be filed within 6..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ...... this leave petition. 4. Mr. Md Nawab Ali, the learned Advocate-on‑Record appearing for the petitioner, submitted that the High Court Division committed an error of law in not holding the view that the conviction and sentence passed by the Special Tribunal Judge without exami..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......ct for sale of immovable property and the stipulation requiring payment to be made within 4 months having been given a gobye by the subsequent conduct of the parties, the High Court Division erred in holding that the petitioner committed breach of contract in failing to pay up the balance considerat..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......port by the police. According to him, the learned Tribunal acted illegally in examining witnesses in support of the said narajee petition, such procedure being applicable only in cases of magistrates holding judicial inquiry under section 200 of the Code of Criminal Procedure. So, he submits that th..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....sion and since purchase have been possessing' the same with right, title and interest thereto without any disturbance from any quarter and converted some of the land into salt bed and some portion as agricultural land and have been growing salt and agricultural products. The second party men are mos...... of the second party respondent in Criminal Revision No. 72 of 1987 the proceeding was dropped setting aside the order of the learned Magistrate dated 14‑61987 allowing the revisional application holding that the parties are in ejmali possession of the case land and that the Non‑GR Case No. 13..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......ecord cannot in any way affect legality and validity of acquisition of property and acquisition proceeding was not challenged from side of Defendants on institution of suit and learned Judge erred in holding that Plaintiffs Bank's title under acquisition by Government was not affected by documents a..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......grudge and he was arrested by the police and was placed under suspension on 7‑12‑1983 with effect from 27‑10‑1983. The case was ultimately brought before the Special Judge. Dhaka Division for holding trial for allegations of offence under section 161 of the Penal Code read with section 5(2) ..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ...... is the communication from the authority rejecting the prayer for allotment of the plaintiff since the area has been shown in the “master plan" as car park]. The High Court Division, in holding the lease deed registered in favour of the defendant No. 6 collusive and fraudulent and con..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....greement is product of resolving dispute. Section 106 of the Transfer of Property Act speaks that "in absence of contract or local law of usage to the contrary, a lease of immovable property for agricultural or manufacturing purpose shall be deemed to be a lease from year to year, terminable, o......aintiff is entitled to. 7. On consideration of the depositions and documentary evidences on record, the learned Assistant Judge by his judgment and decree dated 21‑10‑1989 dismissed the suit holding that the defendants are not defaulter, the tenancy is on yearly basis and the plaintiff fail..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....f application in this case. He has referred to the case of Chandra Nath Mukherjee Vs. Chulai Pashi and another reported in AIR 1960 (Cal) 40. In that case it was held that the defendants were nonagricultural tenants within the meaning of that Act by virtue of section 88 read with section 9, six......vacant possession of the entire suit premises to the plaintiffs. It was asserted that the defendant shall be bound to pay a sum of Taka 5000 per day as compensation for unauthorised occupation of the holding. It was mentioned that the plaintiffs also served a notice on 27‑9‑1998 upon the defenda..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......te/Additional District Magistrate in contradistinction to the word "Punitive Detention” according to Webster’s Third New International Dictionary means an act or fact of detaining, a holding in custody of a tardy pupil after school hours, a holding back of a motorist by a traffic of..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ......e Code of Criminal Procedure, produced the victim before competent Magistrate for recording her statement under section 164 of the Code of Criminal Procedure as well as before the medical officer for holding medical test to ascertain the allegation of rape, seized alamats and finally, submitted a ch..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions 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: ......order dated 9‑11‑1997 of the High Court Division passed in Writ Petition No. 1320 of 1993 making the Rule absolute declaring the inclusion of the respondent's property at Plot Nos. 537 and 538 of holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka in the 'Ka' list of the abandoned prop..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......decree holders preferred second Miscellaneous Appeal No.22 of 1978 and the said appeal was disposed of at the Rangpur Session of the High Court Division and the High Court Division allowed the appeal holding that there was no materials on record to show that Abdul Aziz was an Indian National and sen..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4