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Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......#8209;emption has to be accompanied with the consideration money together with compensation thereon at the rate of 10%. Section 96(4) of the Act provides that any co‑sharer tenant to the case holding can apply within 2 months from the date of service of summons under section 96(3)(b) of th..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ...... reasonable and legal goal of achieving commercial viability and competitiveness, which was different from terms and conditions of the recruitment batches 1‑27, the High Court Division was wrong in holding that the policy change could not and should affect the terms and conditions of the Stewardes..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......l, hold and conduct a meeting on the happening of any circumstances the Court being satisfied to that effect to call a meeting in the manner such a meeting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in the absence of an application un..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......urrendered to the Court on 3‑7‑2001 and were then enlarged on ad‑interim bail on the same date. In the meantime, the case was transferred to the court of the Metropolitan Magistrate, Dhaka, for holding trial and 13‑7‑2001 was fixed for framing charge. Since 13‑7‑2001 and 14‑7‑2001 ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......eat was not shown the High Court Division, in our opinion, was in error in not taking into consideration the prosecution case and defence of the appellant in correct perspective and thereupon in holding that prosecution was able to establish at least partial misappropriation of wheat i. e...Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ting 'Odhikar' another non-government organization of the country also addressed the Court who submits that in fact their organization also with Save the Children (U.K.) Dhaka took the initiative for holding survey and enquiry into plights of the Children in different jails of the country on the bas..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......In the suit the plaintiff filed an application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure praying for an order of temporary injunction restraining defendant Nos.1, 2 & 9 from holding election at Noldanga and Panchapolli polling stations in place of Debipur and Joypur schedul..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ourt Division on 2nd July, 2601 in Writ Petition No. 456 of 2001 making the Rule absolute. 2. The Civil Appeal No. 443 of 2001 is by Motiur Rahman and others who are holding the (separated) posts of Superintending Engineer, in Bangladesh Agricultural Development Cor..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......n and it had subsequently been seized by the police. From the evidence of PW 45 Dr. Motlub Ahmed, PW 46 Dr Kamrun Nessa and PW 49 Dr Amirul Hossain Chowdhury it appears that the medical board after holding post mortem examination found a number of injuries including, "both the labia majora ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......r of the company named in the articles and harsh, burdensome and wrongful conduct were accepted as being situations covered by the section. The case covered the powers of the managing director, the holding of annual general meeting and the appointment of auditors. The court gave appropriate direc..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......in the instant case. 5. The succession certificate was granted by the District Delegate. The judgment and order granting succession certificate was set aside by the High Court Division holding primarily that no succession certificate could be granted of those ornaments as those were ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ...... 23. But the fact remains that in the instant case, all the courts below have taken an erroneous view, regarding the nature of a mutation proceeding before the revenue officer, holding it to be a proceeding before a court on a misconception of law. An offence of serious nature..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......such, the impugned Judgment and decree is liable to be set aside. The High Court Division has held that PW 2, the scribe, duly proved bainanama and so the learned Subordinate Judge acted illegally in holding that the bainanama has not been duly proved. 8. It appears that the defendant No. 1 neith..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......rious matter. It curtails the statutory term of the holder of the office. A stigma is cast on the holder of the office in view of certain allegations having been held proved rendering him unworthy of holding the office which he held". 8. The view expressed in th..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
.... State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and......d the Jama in respect of his purchased land without compliance of the provision of section 117 of the State Acquisition and Tenancy Act, 1950 and, as such, appellate Court did not commit any error in holding that the pre-emptors are the co‑sharers of the land sought to be pre‑empted..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......ustice" dismissed the appeal. 4. Leave has been granted to consider the contentions of the appellant that while the AAT and AT found that there was no wrong or illegality in holding the respondent guilty by the Enquiry Officer as well as in the departmental appeal the tribu..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ...... the respective cases of the parties and applied judicial mind, the High Court Division was wrong in making the Rule absolute and transferring the cases to the Court of Metropolitan Session Judge holding that the impugned orders were passed mechanically without applying judicial mind and not..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......olled by limitation contained in section 497 Cr.P.C. There is nothing in section 496 and 497 Cr.P.C. to show that these sections were intended to apply only to the investigating police or the Court holding enquiry or trial. The wording of those sections makes it clear that it is intended to cont..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......or the appellant has submitted that in view of the evidence of P.W.2 categorically denying his signature in the Ekrarnama the Courts i.e. trial Court and the appellate Court, were in serious error in holding the Ekrarnama as genuine in disregard of the view of the superior courts as to making of dec..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74