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Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......as not barred by limitation and that the transfer is a sale and not an exchange. Respondent No. 1 against the judgment and decree of the appellate court moved the High Court Division in revisional jurisdiction in Civil Revision No. 863 of 1994. The learned Single Judge after hearing the Rule set..Category: Property Law | Date: | Hits: 66
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......e dismissal no show cause notice was issued and no personal hearing was given to respondent No. 2 and that being so the order of dismissal dated 4.1.1993 was sought to be declared as being without jurisdiction and illegal. 4. After obtaining the order of dismissal the first party sent his..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
..... 1 and got a sum of Tk. 1,000/-. The mortgage was for 6 years and the registered deed of mortgage is dated 1-3-79. On 15-6-83 defendant No. 1 began to excavate a pond in the suit land comprising a total area of 1.41 acres. The plaintiff resisted when defendant No. 1 disclosed that he had pu......ate Court below also affirmed the findings of the trial Court that the defendants are in possession of the suit land. The appellate Court below also found that the suit was not maintainable in the absence of a prayer for consequential relief of cancellation of the deeds on payment of ad valorem ......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..Category: Property Law | Date: | Hits: 34
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......f the case within the said period. This Division dismissed the leave petition of the state with the observation, "We do not normally interfere with the discretionary exercise of jurisdiction by the High Court Division but this is one case where our interference is called for, ..Category: Criminal Law | Date: | Hits: 44
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......oyees were shown as seniors to the appellant counting the period of their service rendered at Mujibnagar during the war of liberation towards fixing seniority and treating the period of their absence before their joining in the present post after liberation as leave without pay althoug......ility of the writ petition the High Court Division took the view that the vires of the Rules only could be examined and nothing else. All other matter sought to be impugned is within the exclusive jurisdiction of the Administrative Tribunal. 8. The High Court Division upon examining ..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......oyee mandatory to give one month's notice to resign from the service of the Corporation and same having not been complied with in the instant case acceptance of resignation letter was without jurisdiction. 3. The case of the appellant was that respondent's resignation was of immediat..Category: Employment/Service Law | Date: | Hits: 95
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
...., Dagan Bhuiyan, District Feni in Title Suit No. 153 of 1984, decreeing the suit. 2. The plaintiff respondent filed the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian No. 5, plot No. 202 of Mouza 171 Dagan Bhuiyan (Schedule-kha) ......izul Haque is occupying a portion thereof as a tenant under the plaintiff, the remaining land being in the khas possession of the plaintiff. On 16-12-78 defendant No. 1, a son of Azhar Ali, in the absence of the plaintiff, dispossessed him from the kutcha room in the north eastern portion of Sch......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..Category: Property Law | Date: | Hits: 33
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....he petitioner who can not discharge same by merely making G.D. Entry after using the car for three months fifteen days and by lodging a complaint after one and half year and moreover there is total silence in the complaint in this regard which leads to the presumption that the original pape......oner on meeting the respondent No.1 requested him to deliver the original bluebook but he did not return the same raising the plea that he could not trace out the original blue book and that in the absence of this original papers the said car could not be used by the Hospital and that as a result......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) 449. ..Category: Criminal Law | Date: | Hits: 47
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....rofit out of the given amount. On good faith the complainant firstly gave an amount of TK.25, 000.00 to the accused and subsequently, by some installment gave the accused which stands an amount of total TK.3,50,000.00. Out of the said amount they purchased turmeric of TK.3,39,916.00 and the accu......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ..Category: Criminal Law | Date: | Hits: 41
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....antime, Mr. Rafique-ul Huq came to know from the neighbours that the entire cheque amount was paid and received by the complaint on 15.05.2007 and he has agreed to withdraw the case. This amount in total Tk.12,60,000.00 (Taka twelve lac sixty thousand) was paid on behalf of the petitioner and one......09 and he was buried in his village in the district of Laxmipur. Since then the father is virtually taking no food and constantly in tears. His family members are also passing very hard time in the absence of any male member and also any earning member. The entire family is passing through ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ......e date by any witnesses and as such, the present suit was hopelessly barred by limitation; that all the 3 P.W.'s are related with each other and in view of the fact and circumstances of the case in absence of any neutral witnesses the plaintiffs cannot get the relief; that the plaintiffs su......ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ..Category: Property Law | Date: | Hits: 31
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....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) 406. ......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) 406. ......pletion of the housing project started earlier by L.A. Case No.90 of 1964-65 and that there was public purpose behind the said requisition proceeding; thereafter the petitioner in revisional jurisdiction, under section 4A(2) of the above Act, 1948 filed Appeal No. CH-12 of 1981 before the ..Category: Property Law | Date: | Hits: 50
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......being Title Appeal No. 804 of 1999 the appellate Court allowed the appeal and decreed the suit. Being aggrieved, the defendants moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was discharged as noticed earlier. 7. We ..Category: Property Law | Date: | Hits: 27
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....there 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) 383. ......there 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) 383. ......signing any reason but the findings arrived at as to disposal of the suit is in accordance with law and upon compliance of the provisions of section 9 and 13 of Ain 2003 and accordingly not without jurisdiction so writ jurisdiction can not be invoked. 8. We are of the view that the High Co..Category: Civil Law | Date: | Hits: 95
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ...... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ...... the petitioners neither responded nor removed the illegal structure from the case land. 4. Being aggrieved, the writ petitioners moved the High Court Division in writ jurisdiction and obtained Rule, which after hearing was discharged. 5. We have heard Mr. Mah..Category: Property Law | Date: | Hits: 26
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....ant respondent Nos. 1-3 on the averments that the plaintiff bank, during the period from 24.1.1984 up to 29.9.1985, opened 48 import L/Cs on behalf of the defendant respondent No.1 for a total amount of US$ 8,96,459.95 for import of fabrics and accessories from abroad and also opened ...... 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) 366. ...... 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) 366. ..Category: Civil Law | Date: | Hits: 106
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....2 and 3. The conduct of the respondent No.3 who claiming himself as managing Director of the company applied for licence, in supporting the action of the respondent No. 1 who upon referring to matter totally irrelevant in the matter of granting licence granted licence to demonstrates sufficiently ......lates in sub-section (3) of section 5 of me Act in granting licence were law and order situation or prevalent social condition calls for insertion of such extraordinary terms and conditions. In the absence of special situation relating to matter of exhibition of motion picture film the licensing......appearing for the respondent No.1 in supporting the correctness or in other wards legality of the office order dated 19th November, 1998 has submitted that the order challenged in the writ petition jurisdiction was preceded by an enquiry for ascertaining ownership of the Cinema Hall and that there..Category: Civil Law | Date: | Hits: 128
Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....equested for conversion of trust receipt into a project loan. The petitioner, Sonali Bank by sanction letter dated 30.1.1990 granted the project loan by conversion of the Trust receipt facility for total outstanding of Tk. 2,16,55,000.00 of which Tk. 1,57,77,308.00 was principal and Tk. 58,77,69......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ..Category: Banking Law | Date: | Hits: 100
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
.... This balance outstanding stands at Taka 4.00 lac. The bank in terms of said section 47 is entitled to recovery of Taka 4.00 lac plus 8.00 lac (being 200% of the balance principal loan amount) i.e. total Taka 12 lac. Therefore, the amount claimed in the suit is excessive and cannot be recover......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ..Category: Civil Law | Date: | Hits: 104
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......d not receive any process from the trial Court. 4. The trial Court on 27-7-1999 framed charge against the accused under sections 406/407/408 of the Penal Code and the said charge was made in absence of the accused. 5. The accused-respondent knowing about the case surrendered before......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..Category: Criminal Law | Date: | Hits: 65
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