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Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....ed by them in their official capacity unless the same has been waived inasmuch as from averment of the plaint itself give rise to contract of appointment, the appellant has no character or legal right for the declaration and as such the suit is barred under section 42 of the Specific Relief Act......taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete Justice......nt of defendant No.4 on 7.1.2001 to be declared void, illegal, inoperative and prayed for an order of mandatory injunction stating, inter alia, that appellant was appointed as an External Affairs Officer of the office of the World Bank, Dhaka through a rigorous selection process for 2......ntested hearing the High Court Division made the Rule absolute-in-part while affirming the order rejecting the application under Order VII Rule 11 of the Code of Civil Procedure but directed the trial Court to first decide the question of maintainability of the suit under section 42 of the..Category: Employment/Service Law | Date: | Hits: 211
Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)
....fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......f 1999 making the rule absolute. 2. The facts, in short, are that the judgment of the court of appeal below was delivered on 9.3.1998, decree was signed on 16.3.1998, the application for the certified copy was filed on 22.3.1998 and delivery was taken on 6.7.1998. 3......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ...... certified copy, the file was sent to the Solicitor's office on 1.9.1998 and the Solicitor upon perusal of the record instructed the petitioner to supply the certified copy of the judgment of the trial court and accordingly the petitioner obtained the certified copy of the judgment of the t..Category: Procedural Law | Date: | Hits: 133
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......t Court, Chittagong Sadar in S.C.C. Suit No. 1 of 1989 decreeing the same. 2. The landlord, respondent No. 1 as plaintiff instituted the above S. C. C. Suit against the petitioner and proforma-respondent Nos. 2-5 for eviction from the suit premises upon realization of arrear rents and a......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ...... to have received any notice under section 106 of the Transfer of Property Act terminating the tenancy so there was no relationship of landlord and tenant between the plaintiff and him. 4. The trial Court on consideration of evidence on record decreed the suit and against which, th..Category: Property Law | Date: | Hits: 54
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....he petitioner did not pay any amount according to his own admission. 10. Considering the facts and circumstances of the case we are of the view that the High Court Division has rightly dismissed the aforesaid Misc. appeal and discharged the connected Civil Rule. Sinc......spondent. Judgment April 27, 2003. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 229 of 2002. (From Judgment and order dated 2.8.2001 passed by the High Cou......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....2 i.e. Government of Bangladesh, represented by the Secretary, Ministry of Land and the Directorate of Housing and Settlement, represented by the Director, Housing and Settlement respectively have no right to sell the land of 'Ga' schedule attached to the plaint and further declared that the plainti......e judgment and decree dated April 16, 1997 of the 2nd Court of Senior Assistant Judge, Dhaka in Title Suit No. 191 of 1996 decreeing the same. The suit has been filed seeking declaration of title and for further reliefs that the plaintiff-Respondent Nos. 1-19 are entitled to get the property describ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......received by them. It was also the case of the Government that Government took over possession of the property so acquired. Lastly it was contended that the suit so filed was barred by law. 4. The trial Court decreed the suit declaring that defendant Nos. 1 and 2 i.e. Government of Bangladesh, re..Category: Limitation Law | Date: | Hits: 189
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
....ion witness Nos. 1, 2 and 3. P.W.1 Abdul Hamid Matbar and P.W. 2 Abdul Khaleque Matbar the two eye witnesses to the occurrence in their deposition stated that the appellants Shafiuddin Sheikh hit the right eye of the deceased by a mugur lying in his hand but from the evidence of P.W. 8 Dr, Rafiqul I......nd order dated 30.04.2001 passed by the High Court Division in Criminal Appeal no. 2180 of 1997. 2. Criminal Appeal No. 43 of 2003 is at the instance of convict appellant Jaber Sheikh against the aforesaid judgment and order. 3. Both the appeals being heard analogously were disposed of by the ...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......pade, lathi and mugur etc. with other accused namely Shamsu Sheikh, Syed Sheikh, Jamir Sheikh, Saken Sheikh, Mohammad Sheikh, Rabbani Sheikh, Firoz Sheikh and Mosharof Sheikh (since acquitted by the trial court) and Shafiuddin Sheikh and Jaber Sheikh (the two appellants) and entered into the said l..Category: Criminal Law | Date: | Hits: 97
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