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Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ......thout jurisdiction and of no legal effect and further direction was given for reinstatement of the respondent in his service with all arrear salary and other allowances as admissible under the law. Being aggrieved by and dissatisfied with said judgment and order the Sonali Bank, as appellant..Category: Administrative Law | Date: | Hits: 166
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......ord for the purpose of commutation of the death sentence, rather all the circumstances are aggravating. 6. We accept the above view of the High Court Division as it is a settled principle of law that the object of sentence should be to see that crime does not go unpunished and the society..Category: Criminal Law | Date: | Hits: 50
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......ntioned here that section 18 of the Customs Act speaks of goods dutiable except as hereinafter provided, custom duty shall be levied at such rates as are prescribed in the First Schedule or any other law in the time being in force. Thus the section provides the rate of customs duties to be levied on..Category: Fiscal/Taxation Law | Date: | Hits: 72
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ......pointed more than 13 years back, 1 (one) was appointed 12 years back and the other was also appointed more than 18 years back and as such, "though they became employees of PDBF by operation of law, their long service cannot be ignored. So, according to their case, their service cannot be ter..Category: Employment/Service Law | Date: | Hits: 68
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ...... 3. Being aggrieved by dissatisfied with the impugned judgment and decree the plaintiff-appellant has preferred the appeal alleging, inter alia, that the impugned judgment and decree is bad in law as well as in facts. The learned Subordinate Judge (now Joint District Judge) failed to appreci..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the 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: 62 DLR (AD) (2010) 255. ......uired. 8. The appellate Court heard the appeals together and by the common order dated May 25, 1995 made an order of remand for fresh assessment as the appellate Court found that the relevant the law and the regulation have not been followed in making the assessment of compensation by the learne..Category: Alternative Dispute Resolution | Date: | Hits: 249
M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
...., since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ng that the writ petitioner contested the suit by filing written statement and that when the decree was passed against him, he has moved the High Court Division in writ jurisdiction challenging the law as in Artha Rin Adalat Ain, 2003 instead of filing appeal and held "we do not find any su..Category: Civil Law | Date: | Hits: 98
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... of Golden Handshake schemes are transferred to other viable and operating units to fill available vacancies". The High Court Division on consideration of the facts of the case as well as the law relevant on the question involving the case held: “Respondent Nos. 1 and 2 had not acted ..Category: Employment/Service Law | Date: | Hits: 61
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... writ petition absolute in the following terms: "two minors, namely, Sagorika Noami Azad Huq and Mehrab Faraj Huq are being held in the custody of the respondent Nos.1-3 without lawful authority and in an unlawful manner. The respondents are directed to handover the above two..Category: Family Law | Date: | Hits: 171
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... High Court Division in support of the prayer for leave to appeal. 9. In the background of the materials on record we are of the view that the High Court Division has committed no error of law in its judgment calling for interference by this Division. Accordingly, the peti..Category: Civil Law | Date: | Hits: 91
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background of the 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: ...... that appellate Court ought not have set aside the finding of the trial Court since the trial Court had opportunity of seeing demeanour of the witnesses and also observed that settled principle of law is that the appellate Court before setting aside the finding of the trial Court should think tw..Category: Property Law | Date: | Hits: 28
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
....that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ......nt on 11-09-2005 but the said cheque was dishonoured with a remark "insufficient fund". Thereafter, the complainant-respondent No. 2 on 25-09-2005 served two legal notices through engaged lawyer by registered A/D in present and permanent address of the accused-petitioner demanding..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ......five years before 16th day December, 1971, has been amended by the words "before the 20th day of February, 1972" and as such the Additional Deputy Commissioner (Rev), on misconception of law, dismissed the appeal of the plaintiff on 19.9.1977 fully knowing that such provisions has been..Category: Property Law | Date: | Hits: 26
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......d as the Nikah Registrar. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the impugned judgment and order is ex facie illegal and bad in law as well as in facts; that the respondent No.1 is not a permanent resident of No.7 Edbarpur Unio..Category: Civil Law | Date: | Hits: 99
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......On receipt of the said letter, the respondent submitted his reply on 28.7.1993 explaining his position stating that the charge of misconduct so framed against the respondent was not sustainable in law inasmuch as it did not fall within the ambit of Rule 3(b) of the said Rules of 1985 and prayed ..Category: Administrative Law | Date: | Hits: 159
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......y;nitely learnt about it on obtaining certified copies of the deeds of sale and filed the pre-emption cases on making deposit of value of case land as per deed with 10% compensation as required by law and total quantity of land held by her would be far less than 100 bighas. 4. The petitio..Category: Property Law | Date: | Hits: 24
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......shy;ated by a single individual and as such the registration of "Yellow Pages" as Trade Mark has affected the business community inasmuch as such registration is not permitted under law and that the Trade Mark No. 50431 in respect of Bangladesh "Yellow Pages" cannot rema..Category: Intellectual Property Law | Date: | Hits: 329
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......ought the suit ended unsuccessfully up to the Appellate Division and that the plaintiff proceeded with the earlier suit bonafidee with due diligence and in good faith and he under the advise of his lawyer instead of filing the suit for specific performance of contract wrongly filed the suit ..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ......not an offence rather it should he encouraged and so a strong prima facie case being made out in support of the prayer for temporary injunction the appellate Court did not commit any error of law resulting in an error in the decision occasioning a failure of justice in granting the ord..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......ant was entitled to get a prior notice to that effect. We therefore hold that impugned order has been passed in flagrant violation of the principle of natural justice and it can not be sustained in law." 5. The learned Counsel for the appellant has urged the following grounds: - ..Category: Property Law | Date: | Hits: 28