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Displaying 4901-4920 of 6947 results.
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ......ct without considering the evidence on record. The High Court Division has not considered the soleh (compromise) decree exhibit-6(a) and/or exhibit-3(a) or exhibit-3. Therefore, we are of the view that the High Court Division has exceeded its jurisdiction in setting aside the concurrent fin..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......mentary evidence, mentioned earlier, held that the tenancy in question had stood terminated on the expiry of chaitra, 1391 B.S. upon due service of notice under section 106 T. P. Act. Moreover in view of the evidence of P. Ws. 1 and 2 and the documents like postal receipts Ext. 5 and 5A there ..Category: Tenancy Law | Date: | Hits: 154
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ner for his involvement and handed him over to police. In the premises, the presence of the petitioner in. the Biman office cannot be considered as his presence to attend the office. 10. In view of the above, the argument of Mr. Khondker Mahbubuddin Ahmed that the petitioner was absent w..Category: Employment/Service Law | Date: | Hits: 81
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......Ltd. His service was first terminated on 10.1.75, but on consideration of his representation the concerned authority reinstated him on 6.9.77. Again he was terminated from service on 9.3.88 but in view of his representation the same was withdrawn on 12.4.89 subject to the condition that the mone..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ......1993 which was within the period of limitation according to the proviso to clause (aaa) (ii) of section 7 of the Act. He argues that the High Court Division misdirected itself in law in taking the view that prior knowledge of the assessment, will be a substitute for notice under clause (aa) of s..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....granted to consider the submission that the High Court Division committed an error of law in holding that the suit of the plaintiff appellant was barred by limitation for not filing in time upon an erroneous view that the words "suit or action" mean one and the same thing relying on som...... consider the submission that the High Court Division committed an error of law in holding that the suit of the plaintiff appellant was barred by limitation for not filing in time upon an erroneous view that the words "suit or action" mean one and the same thing relying on some decision..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......s advanced before the High Court Division that because of the vacancy in the above number of posts of kanungo the Government was sustaining loss in revenue collection. He has argued that if in view of the gazette notification dated 10.7.1997, the post of kanungo is finally upgraded by imple..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......y presence, for more than a year. 6. Upon hearing the parties the High Court Division made the Rule absolute and gave direction as stated above. 7. The High Court Division was of the view that as the entire lease money was paid long before by the predecessor of respondent Nos. 1-7 ..Category: Property Law | Date: | Hits: 30
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....sions 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: II ADC (2005) 54. ......e perused the relevant documents of the parties and the evidence on record and do find any reason to differ with finding of the High Court Division recorded in the impugned judgment. In view of the above, we do not find any substance in the submissions of the learned Counsel for the ..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ...... that the same is a deed of exchange and no satisfactory oral evidence was adduced by the plaintiffs to rebut the recitals of the written instrument. In the circumstances, we are of the view that the High Court Division was not justified in making the Rule absolute and setting aside t..Category: Property Law | Date: | Hits: 33
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....Judge may have been a bad order and improper one not having given any reasons but before interfering with the same the High Court Division ought to have examined whether the same has resulted in an erroneous decision occasioning failure of justice which it has completely failed to do. The im...... The learned Subordinate Judge by a short order dated 14.5.1989 allowed the amendment as prayed for and observed that the defendants were entitled to file additional written statement in view of the amendment of the plaint. 8. Defendants No. 3 and 4 being aggrieved b..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ...... of Settlement it also appears that the High Court Division was wrong in holding that the Court of Settlement declared the decree null and void. This finding of the High Court Division is wrong in view of the judgment of the Court of Settlement. It is the definite case of the appellant that..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......anting license to the Nakah Registrar and accordingly by Memo dated 6.6.2000 the appellant was reinstated in his previous post of temporary Nikah Registrar of No. 9 Goalirchar Union and in any view of the matter quoting of a wrong section in no way give a different meaning to the contents o..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......s apparently clear that they could not disprove the case of the plaintiff. Rather, indirectly they admitted the case of the plaintiff and her predecessor-in-interest. 17. Our considered view is that the High Court Division without any cogent and legal reason has set aside the judgmen..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......bour Court, the person who has been convicted by a Criminal Court could not be foisted upon an unwilling private employer who has lost trust upon the said person. It was also submitted that in view of the judgment of the criminal court which was passed upon evidence collecting in presence of..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. .......08.1965 has been annexed as Annexure-L to the leave petition and during hearing Mr. Mahmudul Islam produced before us the certified copy and we perused the contents of the same. We are of the view that in terms of the leave granting order we may consider as to whether by the deed of convey..Category: Property Law | Date: | Hits: 35
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
....terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......oint to the guilt of the petitioner and accordingly found him guilty. 10. Therefore, in the facts and circumstances of the cases and in the light of the discussion made above, we are of the view that the High Court Division took into consideration all material aspects of the case and arri..Category: Criminal Law | Date: | Hits: 50
M. M. Kamruzzaman Vs. The State and another, 2007, 36 CLC (AD)
....y the High Court Division suffers from no such infirmity calling for interference. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ......sent petition for leave to appeal. 6. We have heard the learned Advocate-on-record for the petitioner and perused the materials on record. It is seen that the High Court Division keeping in view convenience of the complainant and the witnesses and that there is no chance of hazard to the ..Category: Criminal Law | Date: | Hits: 61
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......n the case was taken up for hearing the accused prayed for time to pay the amount but ultimately they did not pay. Accordingly, the High Court Division discharged the Rule. 4. Therefore, in view of the facts and circumstances of the case and the materials on record, we are of the view the..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......n question observed that the importer has a vested right to have his goods assessed in the light of the tariff value that was prevalent on the date of opening of the Letter of Credit. The aforesaid view was taken upon placing reliance on the decisions reported in 42 DLR (AD) 167 and 48 DLR (AD) ..Category: Fiscal/Taxation Law | Date: | Hits: 74
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