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Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....n PWD approved rate and they have now reduced the price to Taka 16,50,00,000 taking into account the mode of transportation of the goods by sea instead of by air but confirming supply within specific time of 30 days; but the appellant sticking to their previous stand asked the respondent No.1 to red......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....inated with arsenic much above the standard level shown in the guideline of World Health Organisation, i.e. WHO, the respondent No.7; in the year 1996 Dhaka Community Hospital, for the first time, detected a patient with symptoms of arsenic poisoning and the Chairman of the said hospital, ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....beraÂtion at least on and from 28-2-72". 7. In the aforesaid quotation the word 'not' appears to be a typing mistake, since from the judgÂment of the Court of Settlement, placed before us at the time of hearing of the review petition, it is seen the aforesaid portion of the judgment reads as fo......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of BanÂgladesh, 2006, 35 CLC (AD)
....cruitment Rules of 1980 the writ petitioner had no occasion to question the appointment of the respondent No. 5 in Grade-I, that amendment made in 1986 in the Recruitment Rules, 1980 was made at a time when there was no question of favouring respondent No.5 or depriving the writ-petitioner in an......he qualifications/degrees of the writ-petitioner and the respondent No.5 are equal or writ-petitioner's qualifications/ degrees are higher to the respondent No. 5, that the authority in making appointment of the respondent No. 5 and the writ-petitioner did not violate the amended Rules of 1..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....rs retain rights over every inch of the land until the same is partitioned by metes and bounds but injunction can be given in appropriate cases where de facto partition for a recognisable period of time having been in existence through informal arrangement and thereby the land possessed by the i......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
.... opened a letter of credit with the Mercantile Bank Limited, Dacca, for Rs. 7,00,000/- (rupees seven Lakh), for import of power trillers. He placed orders with a firm at Hong Kong, and in course of time, certain consignment arrived at the Chittagong port. The clearing Agents of the respondent su......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... any building standing thereon and necessary adjuncts thereto, otherwise than in perpetuity; (16) “land” means land which is cultivated uncultivated or covered with water at any time of the year, and includes house or buildings and also things attached to the earth or permane...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ate Examination started a medical pharmacy or mediÂcine shop in Miar Bazar about one mile south-east of his house. He used to go to his shop every day in the morning and return home at about dinner time. On 29 April 1984 Zafar returned from his pharmacy at about 9/9-30 PM, hurriedly took his dinne......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....the self-same facts. The law has not specifically provided for instiÂtution of a second proceeding under the new dispenÂsation. It is also to be considered whether the purpose of law in prescribing time-limit for trial will be frustrated and defeated if a fresh proceeding on the self-same facts is......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....session, that consideration money was paid by Mokhles, father or the defendant Nos.2 and 3 and that he possessed the land on behalf of the defendant Nos.2 and 3, that the plaintiffs at no point of time had right, title and interest as well as possession in the land in suit. 5. On considera......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....dul Barek Bepari as landlord paid rent to him, that after getting the land by exchange the tenants accepted the plaintiff No.1 as landlord and paid rent, that defendant Nos.7 and 8 paid rent for some time but later on, in collusion with the personÂnel of the vested property authority have created s......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....y) by paying transfer fee and obtaining approval as per Memo No. 515/26-92(H)/30 dated 31-7-1985 of defendant No.2.b) On failure of the defendant No.1 to execute the sale deed/kabala within the time specified by the learned Court be pleased to execute and present for registering of the sale ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....I, and making such other enquiries as he considers necessary, direct excision of the fraudulent entry, and his act in according so being a ministerial act, shall not be open to appeal. At the same time, the Revenue Officer shall make the correct entry, leaving a note against the excised entry th......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Solicitor repreÂsented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....ax to the authority by forging signature of the commissioner; that by submitting the aforesaid documents on 15-06-2002 in the office of Custom House tried to release the said goods and at that time, the informant came to know that the accused party had no Bond Licence and thereupon seized t...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... appeal and consequent thereupon the appeal was disposed of ex-parte and that he had no knowledge either of the appeal or disposal of the same ex-parte on or before September 24,1992 for the first time and thereafter had the definite information on 26th September, 1992 upon obtaining inform...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....ny trees and unauthorised house and because of this condition one cannot see the home signal and the adjacent area from the outer signal. So it appears that at the place of occurrence at the relevant time there was line clearance signal for entering into through the railway line and the accused appe......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....uestion no consideration money passed and that only there has been exchange of land, that after exchanged the defendants are owning and possessing their respective land got by exchange, that at the time of last Union Parishad Election there was misunderstanding between the defendant No.1 and the ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....red in law in not holding that the review petition was barred by limitation and the submission that the learned Judges of the High Court Division erred in law in holding that refusal to extend time to the writ petitioner is violation of fundamental rights guaranteed under Article 27 of the ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
.... (briefly the Regulations) and not by the Act. Furthermore, the petitioner Capt. (Retd.) Syed Abu Naser Muhammad Okba on his retirement from the defence services was without employment for sometime before he joined the Biman which gave a start of a new career. Accordingly the Writ Bench, by......ons and thus erred in law in deciding the writ petitions upon such an erroneous view. 12. His next submission is that the High Court Division is wrong in its view that with the fresh and new appointment in the Biman the writ petitioners started a new career having no nexus with their form..Category: Employment/Service Law | Date: | Hits: 103
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
.... Court has always got the discretion to allow the plaintiff to remedy the defect at a later stage, on the view that the defects are of technical nature relating to matters of procedure curable at any time. Even if the power of attorney was bad the mischief of the provisions of Order VII rule 11 (a) ...... Order VII rule 11 (a) or (d) CPC is not attracted and the proper course for the learned SCC Judge was to set a next date for the plaintiff to take steps for rectification of the errors in respect of appointment of the attorney and at that stage instead of passing such order, order of rejecting the ..Category: Property Law | Date: | Hits: 118
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