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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. ......operty in question is not an abandoned property and the Court of Settlement having come to a definite finding that the respondent failed to discharge that onus, the High Court Division erred in law in holding that the Court of Settlement did not come to any decision as to the abandoned chara..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. ...... wrong section in revoking the license of the writ petitioner and further no show cause notice was also issued upon the respondent No. 1 and accordingly the above Memos are illegal and without any lawful authority. 7. As it appears in terms of section 11 of the Act before cancellation of ..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. ......te. The direction of the High Court Division to the lower appellate court is to write out a fresh judgment considering the evidence already on record. 9. It is the settled principle of law that a remand order is never to be made to fill up the lacuna in the case of any party and a re..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. ......ng shortfall in the stock of goods pledge to the Bank by the borrowers, (iii) negligence of duties and (iv) committing other misconducts, that all charges were duly inquired into in accordance with law and service Rules and that on the basis of the enquiry report Respondent No. 2 was dismissed w..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. ......h Civil Appeal Nos. 97 and 98 of 1997 on the following sub-missions:- "The petitioner Rupali Bank Ltd. has inter alia, stated in the leave petition that it is in fact and law the owner in possession of the disputed property. It appeared and filed a power in the writ ..Category: Property Law | Date: | Hits: 35
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: ...... Bank on different dates but cheque was returned with the endorsement "fund insufficient" and after as per provision of section 138 of the Negotiable Instrument Act notice as required by law was issued upon the accuseds. The High Court Division further held that when the case was taken..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: ...... at US$ 1418 per metric ton, the direction given by the Custom authority for declaring the tariff value at US$ 1800 per metric ton in the light of the SRO dated October 28, 1993 illegal and without lawful authority, since the said SRO cannot be effected retrospectively and thereby deprive the res..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: ...... BSS (Honours) course, but since his original admission was a fake one, he cannot take any benefit out of the that examinations and accordingly the highest authority of the University of Dhaka has lawfully cancelled his fake admission in the Department of International Relations of University of..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. ......t by filing a written statement denying his liability for any dues if any for Shinan Bangladesh Limited as responsibility for meeting the liabilities of any limited company is of the company and in law shareholder and Director including Managing Director is not liable for the debts and liabiliti..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. ......nstruction of Union Parishad Building. He requested to take step for selection of Sukhdeb Nagar defying the formal decision undertaken by the majority votes of the Union Parishad without any lawful authority and made an adverse remark behind the back of the Chairman who is an elected repre..Category: Others | Date: | Hits: 87
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. ......of 1972 and it was notified in the Gazette and on 3rd April, 1975 an administrator was appointed by the Government to look after the property and as the same action had not been in accordance with law the Government of Bangladesh had entered into an agreement with the "Rally Brothers" ..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... 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: ......ts will release the suit property in favour of the plaintiffs; hence the plaintiffs filed the suit for a decree that to keep the suit land under acquisition by L.A. Case No. 37/50-51 is illegal and unlawful and further for a decree to direct the defendants by mandatory injunction to release the suit..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246......., that the appeal is pending and there is a specific procedure for filing appeal and disposing the same and as such the impugned order of the High Court Division passed in the writ petition is bad in law and the same is liable to be set aside. It was also submitted by the learned Additional Attorney..Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......rder dated 10th March, 1999. 4. Being aggrieved the writ petitioner preferred Writ Petition No.1526 of 1999 before the High Court Division to have the said order declared to have been made without lawful authority. 5. Leave was granted to consider the submission that the High Court Division m..Category: Civil Law | Date: | Hits: 92
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......gally and rightly absorbed as surplus officer like Shahadat Hossain and he cannot be treated to have been appointed afresh as a retrenched officer. The respondent is entitled to equal protection of law and should be treated in the same manner as in the case of Shahadat Hossain. The respondent pr..Category: Employment/Service Law | Date: | Hits: 119
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ...... Petition No. 3123 of 1999 discharging the Rule. 2. The appellant Eastern Bank Limited filed the above writ petition stating, inter alia, that it is a banking company incorporated under the law of Bangladesh, it was established in the year 1992 by the Bangladesh Bank by a Gazette Notifica..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......he Administrative Appellate Tribunal acted illegally in allowing the appeal and that charge of corruption having been leveled in the charge sheet the Administrative Appellate Tribunal erred in law in finding that there was no charge of corruption in the charge sheet. The learned counsel..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......s respondent No.1 failed to show that he was associated with the liberation movement in 1971 and the learned Advocate next submits that the Administrative Appellate Tribunal committed an error of law in considering the alleged certificate dated 25.9.93 showing respondent No.1 as a freedom..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......cause the state failed to exhibit any ceiling regarding quantity of salt and as such the conviction and sentence of the accused appellant under section 25(1) of the Special Powers Act is bad in law as such liable to be set aside by this Court." 5. Mr. Abdus Sobhan, the ..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..Category: Criminal Law | Date: | Hits: 53
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