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Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....stating, inter alia, that the respondent made unusual delay in joining his new posting and he did not arrange to get his diplomatic passport from the Ministry of Foreign Affairs within a reasonable time and he also neither purchased any air ticket for him and his family nor made arrangements for...... (AT) Dhaka in Case No. 310 of 1994 dismissing the same. 2. Respondent filed the aforesaid case before the AT challenging the order dated 18.8.1994 of the Ministry of Finance cancelling his appointment as Economic Counselor in Bangladesh Embassy at Stockholm in Sweden alleging that the or..Category: Administrative Law | Date: | Hits: 123
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....ough some lands of these two mouzas were shown in the agreement of exchange. The defendant Nos.1-4 did not perform their part of the contract by executing a deed of exchange. In the meantime the other defendants have created false documents in respect of the ‘Kha’ schedule......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
.... Procedure seeking setting aside of the decree on the groundof non-service of summons upon him. 3. The Miscellaneous Case was opposed by the appellant and the same was dismissed being time barred. 4. The said defendant i.e. Respondent No.1 then filed Other Class Suit No. 41 ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....ent from other landlords. The appellate court below also considered the evidence of P.W.1, son of the plaintiff who stated that the witnesses examined on the plaintiffs side were not present at the time of taking settlement by the plaintiff. But P.W.1 himself claimed that he was present at the t...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....ibits and other papers and documents, by judgment and order dated 17.8.91, allowed the case and permitted the respondent No.3 to cancel the registration of the respondent No.1. 3. In the meantime, on or around August, 1989 the former sponsor-shareholders of the petitioner transferred their...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....erty in suit and that in making direction to the writ-petitioner Pubali Bank to deliver possession to the writ Respondent Nos. 3 and 4 (Latif D. Fancy, Director of Writ Respondent No.3) within the time fixed by the High Court Division from the date of receipt of the copy of the judgment in the w......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....der the Ain against the person who has/had availed the facility or has facilitated one to avail the facility as in section 2(kha) of the Ain and failed to discharge the obligation within stipulated time as per undertaking given at the time of availing one or more of the species as in section 2(kh......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....nd. 5. The trial court decreed the suit finding right, title and possession of the plaintiff's in the suit land. Against the said decree, the defendant Government preferred appeal which was out of time by 4578 days with an application for condonation of delay under section 5 of the Limitation Act......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... High Court Division for bail in Criminal Miscellaneous Case No.6213 of 2002 and obtained a Rule and an 'order of ad-interim bail for a period of six months was also passed which was extended from time to time till the disposal of the Rule on 27.01.2004 and the High Court Division after hearing ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no relevancy to the facts and circumstances of the instant case. 9. The learned Counsel entering caveat for the Respondent No.1 has submitted that the University authority only to kill time and that to delay the compliance with the direction of the High Court Division has come ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....Zillul Bari is the son-in-law of Khalilur Rahman and husband of Jasmine Ara. 5. The occurrence took place on the night following 18-10-1989 at the aforesaid house of Khalilur Rahman. At the time of occurrence Khalilur Rahman, his wife and three sons including Shahidul Alam, husband of dec...... "We have heard Mr. B Hossain, learned Advocate-on-Record, appearing for the State and Mr. Sirajul Huq, learned Advocate, who entered Caveat for the respondents. We have noticed with disappointment that the impugned judgment suffers from deviation of the usual norms which are require..Category: Criminal Law | Date: | Hits: 129
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....tablish a Workers Participation Fund and Workers Welfare Fund as demanded by the respondent workers. 8. Mr. Raique-ul-Huq, the learned Counsel for the appellant-company however for the first time conceded that the appellant company was an industrial undertaking and canvassed only one point......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 95
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... 2. Prosecution case, in brief, is that on 07.03.2002 at about 7.30 P.M. the informant's brother Azahar Gazi was talking with the other members of his family sitting in his dwelling house. At that time some unknown persons called him out on the pretext of hiring of his rented house. As soon as t...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
....7.07.1965 but on 01.04.93 the same was dismissed and as against that Sreemanta Kumar Dutta moved the High Court Division and obtained Rule in Civil Revision No. 9 of 1994 which is pending; in the meantime on 21.05.1994 Md. Nasiruddin died and thereafter Sreemanto Kumar Dutta also died on 28.2.95 l......hers i.e. Kali Kishore Dutta, Kali Prosanna Dutta, Kali Sankar Dutta, Kali Bhusan Dutta left for India long ago and became Indian citizens and dispute having arisen among the sons of Janaki regarding appointment of shebait, Kali Pada Dutta the remaining son of Tanaki who alone remained in the countr..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
....ed in (2000) 20 BLD (AD) 230. Regulation 11A(2) reads as follows: "The Corporation may, if it considers expedient so to do, retire from service an employee at any time after he has completed twenty-five years service without assigning any reason". ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....n, charge sheet was submitted against 8 (eight) accused persons. In due course the records were received by the Court of Sessions Judge and thereupon Sessions Case No.2 of 2002 was registered. At the time of trial out of the eight accused persons 5 (five) were in abscondence and the rest 3 Idris Ali......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....t is designed to protect a vendee from the fraudulent operations of a vendor. This section applies when the same vendor successively transfers the same property to different purchasers at different times. The cases of Jainullah and another Vs. Anu Miah and others, 9 DLR 258, followed by Abdur Rahm...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contract with the Upazila Parishad and his pecuniary interest had continued at the time when he contested the election and continued after the election. As such he comes within the mi......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....llment. The High Court Division discharged the Rule after holding that the repayment of the loan means repayment of the entire loan and not a part or instalments of the loan and respondent No.1 had time to pay the loan upto 31st March, 1990, the last installment being fixed by the Bank for payment......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....f 1962). "(vii) in respect of any such building machinery or plant which has been sold, transferred by way of exchange, or is compulsorily acquired by a competent authority under any law for the time being in force, of discarded or demolished or destroyed in the previous year, the amount by whi......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
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