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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. ......the plaintiffs for convenience of mutual possession by a deed of exchange and the same was not a transaction of out and out sale. 4. The trial court on consideration of the materials on record decreed the suit. Being aggrieved the defendant preferred title appeal No. 56 of 1998 and th......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. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ...... of Settlement which is a well reasoned one and that said judgment was made upon consideration of the facts and circumstances of the case in the background of the papers and the evidence brought on record by the parties. 8. The contention of the learned Additional Attorney General that this Div......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....t, under its inherent powers, to adjust the rights of parties on the basis of events happening after the starting of the action, is well recognized and accepted as a rule of justice, equity and good conscience. In some cases, it is almost the duty of the court to advert to subsequent events ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..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. ......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. ......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. ..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. ......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. ......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. ..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. ......urt of appeal below and remanding the appeal to the lower appellate Court, to hear the same again and to write out a proper judgment upon proper consideration of the evidence and materials on record. 2. Plaintiff-appellant Khairunnessa instituted Title Suit No. 143 of 1982 in th......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. ..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....or of advances, that the Respondent No.2 was charge sheeted on 8.10.1979 and 19.5.1982 for (i) defying and disobeying the order of controlling authority, (ii) for creating shortfall in the stock of goods pledge to the Bank by the borrowers, (iii) negligence of duties and (iv) committing other mi......5 of 1990, 6. It was contended by the appellant before the High Court Division that the Labour Court made the decision on guess without considering the fact that there was ample evidence on record to find that the respondent No.2 was guilty of the offence charged and that the Enquiry offi...... order of dismissal dated 21.8.1984 and making direction to the appellant (second party before the Labour Court) to reinstate the Respondent No. 2 (first party before the Labour Court) in the service in his former post with full back wages. 2. The Respondent No. 2 filed the afore­..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. ......try of Works, Government of Bangladesh, to mutate the names of the respondents in place of late Md. Serajuddin, within 60 days from the date of receipt of the copy of the judgment, in the relevant records of rights of the Ministry of Works and all other records of the Government or wherever it i......led a power in the writ petition on 25.8.92 through its Advocate and got a draft affidavit in opposition ready. The original writ petitioner Md. Salauddin died a few days later but there was no service of notice upon the Rubali Bank for substitution of the heirs of the deceased, writ pe..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: ......eaded not guilty and claimed to be tried. 4. The defence case is that of innocence and false implication at the instance of unknown enemies of the appellant. 5. The trial Court after recording evidence of 7 (seven) P.Ws. examined the accused persons under section 342 of the Code o......terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ..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: ......een J M. M. Kamruzzaman..... Petitioner Vs. The State and another..... Respondents Judgment May 3, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-record - For the Petitioner. Not represented – the Respondents. Criminal Petition for L......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: ..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: ......ue and another........Petitioners Vs. Mrs. Safiya Asaf Ali and another........Respondents Judgment June 17, 2008. Lawyers Involved: Sufia Khatun, Advocate-on-record - For the Petitioners. Md. Abu Siddique, Advocate-on-record - For the Respondent No......9.3.2006 and 10.4.2006 and on these occasions the cheque was also returned with the same endorsement. The complainant issued legal notice on 25.4.2006 under registered post and also through courier service which accuseds received on 27.4.2006 and after waiting for the period mentioned in the lega..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....urnished by the writ petitioner, herein the respondent. 2. The writ petition was filed impugning the action of the Customs authority in assessing customs duty and other rates on the imported goods on the basis of SRO dated October 28, 1993 fixing enhanced tariff value subsequent to the ope......LC (AD)87; Commissioner of Customs Vs. Bangladesh Trader(2004) 9 MLR (AD) 98. Lawyers Involved: Naima Haider, Deputy Attorney General, instructed by Mr. Mvi. Md. Wahidullah, Advocate-on-record - For the Appellants. Not Represented – the Respondent. Civil Appeal No. 287...... 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: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......learned Counsel for the petitioners and Mr. A. M. Amin Uddin, the learned Advocate for the respondent No.1 and perused the impugned judgment of the High Court Division and other connected papers on record. 8. The learned Counsel for the petitioners submits that the High Court Division did......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ...... filed this petition for leave to appeal. 13. Heard the learned Advocate-on-Record and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 14. It appears that the High Court Division found that the writ petition is not main......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd 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) 297. ......espondent No.1 requested him to reinvestigate the selected place in accordance with the unanimous resolution of the Union Parishad on 15.03.2006. The respondent No. 1 without perusal of the entire records, decision of the Union Parishad preferred feasibility report of the respondent accepting th......nd 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) 297. ..Category: Others | Date: | Hits: 87
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......titioners have preferred this petition for leave to appeal. 8. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the High Court Division correctly found that the suit in question is m......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ...... taken back the consideration amount by enchasing the cheque given by the defendants, it is not entitled to get any relief under Section 12 of the Specific Relief Act. 6. It appears from the record that upon cancellation of the letters of intent Exts.7 and 16 the Government a cheque ......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......adequl Islam and others..... Respondents Order March 08, 2009. Lawyer Involved: Rafiqul Huq, Senior Advocate, instructed by Abu Sams Md. Khalequzzaman Advocate-on-record - For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufi......s not necessary for his transfer to Bangladesh Agricultural Institute. He next submits that subsequently the Sher-E-Bangla Nagar, Agricultural university having absorbed the writ petitioner in the service of the University by resolution on the first day and the petitioner having accepted the sam..Category: Employment/Service Law | Date: | Hits: 89
Md. Karam Ali Vs. Md. Abul Hossain and others, 2007, 36 CLC (AD)
.... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ...... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ...... the petition filed by the writ petition seeking direction on the respondent No.5 to sign the pay bills of the teachers and staffs of the School has observed "Despite pendency of the Rule and service upon the respondent No.5, he is not signing the monthly pay bills of the teachers and staff..Category: Civil Law | Date: | Hits: 96
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... of the case file for due presentation of the same. Due to disposal of the case on the ground of limitation the petitioners stand to suffer irreparable loss and injury. The petitioners case stands on good and valid grounds and for the ends of justice the case is required be restored for hearing on m......95 passed in Title Suit No. 1 of 1995. 2. Short facts are that the plaintiff-respondent filed the suit stating, inter alia, that the suit property originally belonged to Ahadon Ali, whose name was recorded in C.S. Khatian. The suit land along with other lands was acquired by the Government tempor...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241