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Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......sp; Case No. 123 of 1993 on 04.08.1993 against the said judgment and decree passed ex parte against him before the trial Court stating, inter alia, that the summons of the suit was not lawfully served upon him and the plaintiff obtained the decree ex parte against him in collusion w..Category: Procedural Law | Date: | Hits: 143
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......30.07.2003 passed by a Division Bench of the High Court Division in Writ Petition No.1613 of 2003 making the rule absolute declaring the impugned order dated 10.11.2002 to have been passed without lawful authority and directing the writ-respondents to give the work order and licence to the writ-..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......exure B to the writ petition clearly shows that the respondent was suspended for drawing disciplinary proceeding under the University Statute-8. It was mandatory provision in Regulation-8 of the said law that a formal charge be framed and the delinquent officer has to be given at least ten working d..Category: Employment/Service Law | Date: | Hits: 118
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......dditional District Judge observed that the plaintiff respondent sought for two declarations which have no objective standard of valuation and that the learned Assistant Judge committed no error of law in not acceding to the objection of the defendant petitioner. 5. Being aggrieved and diss..Category: Employment/Service Law | Date: | Hits: 104
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......siduaries as against his daughter inheriting half of the land left by Late Abdul Hakim Chowdhury and that the Wasiatnama is invalid under Muslim Law of Bequest and the settlementnama is invalid in law as it intends to partition the suit land in future after the death of the executant. 6. ..Category: Property Law | Date: | Hits: 97
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....as referred to above. 19. Mr. Abdul Wadud Bhyiyan, learned Counsel however, took a bit different view than that the learned Counsels advanced so far, before this Court. He is of the view that the amending provision thought not expressed explicitly about the curtailment of jurisdiction of this Co......appeared jointly before this Court and prayed for deferring the delivery of judgment on the ground that they had received specific instruction from the learned Attorney General to the effect that the law namely the provision of Rule 19Gha as referred to above, was going to be amended shortly. In vie..Category: Criminal Law | Date: | Hits: 101
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......tion for leave to appeal by the petitioner. 6. Mr. A.Q.M Shafiullah, the learned Advocate for the petitioners submits that the courts below as well as the High Court Division committed an error of law in allowing the preemption case in failing to consider that the application is bad for defect of..Category: Property Law | Date: | Hits: 61
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......ed order it appears that the learned Judge of the Artha Rin Adalat has rejected the prayer of the defendant for selling out the alleged pledged goods considering the facts and the provisions of law as discussed above and thus it acted within the bounds of law and as such the impugned order c..Category: Civil Law | Date: | Hits: 152
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ...... Rin Adalat Ain and the decree attained its finality. The judgment debtor shall have no right to redeem the said mortgaged property and as such the judgment of the High Court Division is bad in law and is liable to be set aside. He further submitted that the High Court Division manifestly er..Category: Property Law | Date: | Hits: 106
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......ground that the same filed by a person who was not a party to the arbitration agreement. It was also stated that the claim of the respondent No.1 was exaggerated and was not in accordance with law. It was further stated that the respondent having a quoted a price of Tk. 33, 61, 46, 298..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......division in revisional jurisdiction and obtained the Rule. The High Court Division on consideration of materials on record observed that the Courts below upon wrong assumption of fact and law have held that the suit was barred under the provision of section 11 of the Code of Civil Proce..Category: Property Law | Date: | Hits: 82
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
....ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed Ed. This Case is also Reported in: VI ADC (2009) 938. ......y the High Court Division is liable to be set aside by the Court. He further submits that the impugned judgment and order passed by the High Court Division is neither proper nor in accordance with law and as such the same is liable to be set aside. He lastly submits that the High Court Division ..Category: Property Law | Date: | Hits: 57
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......usly with Writ Petition Nos. 5198 of 2003, Writ Petition No. 11818 of 2006, Writ Petition No. 11819 of 2006 and Writ Petition No. 3466 of 2004 making the Rule absolute. 2. Since common question of law and facts are involved in all the petitions these are being disposed of under this judgment. ..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion 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: VI ADC (2009) 901. ......d that the trial Court having decreed the suit upon accepting such prove and upon consideration of the failure of the defendant No.1 to prove her special plea, the High Court Division erred in law in reversing the decree of the trial Court merely on adverse surmise against the plaintiff's c..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....tion 5(2) of the Crl. Procedure Code. 60. To appreciate these contentions I would refer to the power and functions of the Customs Officers under the Customs Act and the impact of the Notification amending the Schedule of the Anti-Corruption Act, 1957. The Customs Officers have been given jurisdi......such express provisions would it be assumed that the provisions of Clause (4) in the Government Notification dated 24,8.72 has led to such ouster. Moreover, when it is a well-established principle of law that no subordinate legislation can nullify the express provisions of an Act of the legislature ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......etition. We have also considered the submission made by the learned Advocate appearing for the leave petitioner. The learned Advocate submitted that the High Court Division erred in law in not considering the discrepancies appearing in the depositions of the P.W.1 and P.W.4 in res..Category: Criminal Law | Date: | Hits: 155
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......he Administrative Tribunal. The Administrative Appellate Tribunal further held that the order dated 10.04.2001 is not an independent order. Since it is a question of limitation provided by special law the finding of the Administrative Appellate Tribunal cannot be interfered with. In such ..Category: Administrative Law | Date: | Hits: 423
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......n case is liable to be dismissed. 5. The High Court Division on consideration of the submissions made by the learned advocate as well as the materials on record/ the provisions of law, the decree passed by the Artha Rin Adalat and the impugned order passed by the executing ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ...... suit has been filed claiming Tk.44,12,56,166/- with further interest @ 14.5% effective from 01.07.2002. The learned Advocate submitted that as per Section-5 of the General Clauses Act any Act or law, in which the date of commencement is not specifically mentioned, such Act or law comes in..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ......on erred in sending the suit back on remand to the trial court for fresh decision when all the material evidence and the inspection report were available on record and it is a settled principle of law that when all materials are available on record the court would decide the points at issue..Category: Property Law | Date: | Hits: 41
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