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Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....uthority, namely, defendant No.2 is also not in Court to admit the genuineness of the document is not proved without any independent corroboration of the same or any corroboration from the subsequent conduct of the executor.” 5. It is submitted by Mr. Khandakar Mahabubuddin Ahmed that the Divis..Category: Property Law | Date: | Hits: 89
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....s clear that long before the CS operation they possessed the suit plots except plot No. 234 separately and exclusively and homestead plot No. 234 was only in their ejmali possession. From their above conduct it can easily be inferred that there was amicable partition between them in respect of those..Category: Procedural Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
.... AIR 1965 (SC) 1405, it has been observed as follows: The discretion has to be exercised on sound principles of justice, equity and good conscience having regard to the circumstances of the case, the conduct of the parties and respective interest of the parties to the contract. The discretion is nei..Category: Procedural Law | Date: | Hits: 129
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
.... Controlling Authority is concerned they have been provided for in different sections of the Ordinance. Chapter IV of the Ordinance deals with the extent of the executive powers and procedure for the conduct of business of the Municipal Committee. Section 22(3) of the Ordinance provides "All acts ..Category: Fiscal/Taxation Law | Date: | Hits: 156
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....strial Unit of M/S. Buxly Paints (Bangladesh) Ltd. and appointed Mr. M.A. Salam, the Executive Director of the appellant company, as the Administrator for the Unit to operate the mill and jointly conduct all other affairs. On 19-2-72, however, the Secretary of Industries suspended the appointmen..Category: Property Law | Date: | Hits: 79
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....ervants (Discipline & Appeal) Rules, 1985. The petitioner submitted his written defence denying all those allegations made against him. Thereafter, the authority appointed two enquiry Officers to conduct the enquiry. The Enquiry Officers submitted their report and the authority issued second s..Category: Administrative Law | Date: | Hits: 263
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....gh the impugned Judgment and order was appealable, the petitioner could not prefer criminal appeal before this Court for lack of legal advice as no Advocate was engaged on behalf of the petitioner to conduct the trial of the case. However, after expiry of the stipulated period of preferring appeal, ..Category: Criminal Law | Date: | Hits: 92
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....g into a discussion of the clauses, we should advert to clauses 9, 12 and 13 of the Contract between Muraduzzaman and the Government:— "9. That the Contractor shall be responsible for the proper conduct and honest behaviour of his staff and coolies while working on property containing Govt. goo..Category: Criminal Law | Date: | Hits: 115
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....they will be retained in the service or that there would be automatic absorption. He submits that the question of legitimate expectation is based on the qualities of the applicant and arises from the conduct of the other party. Eligibility for any post cannot give rise to legitimate expectation for ..Category: Employment/Service Law | Date: | Hits: 134
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....ed to deny his signatures appearing on the Bank documents. It is not understood as to why she kept silent in spite of full knowledge regarding the outstanding loan liability in her name. Her previous conduct does not permit her to deny the fact of taking loan from the Bank by executing the exhibited..Category: Civil Law | Date: | Hits: 116
Category: Alternative Dispute Resolution | Date: | Hits: 385
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....al under sub-section (6A) of section 27 of the Special Powers Act. We therefore find that there is a strong basis for the appellant’s contention that the trial took place without his knowledge. The conduct of the appellant is not so reprehensible or indefensible as to disentitle him from any forum..Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....n-reply. 8. When the contemner No.1 disobeyed and disregarded the repeated directions of the Ministry of Shipping to allow the petitioner to join his former service and being dissatisfied with his conduct the Ministry of Shipping wrote to the Establishment Division on 20-10-94 to withdraw the con..Category: Others | Date: | Hits: 142
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....ut the name of plaintiff No.61 is also essential. Inclusion of C.S. Khatian No.18 containing plot Nos.709,680 and 1108 is essential and a paragraph to the effect that the plaintiffs-petitioners shall conduct the suit in representative character for declaration of their easement and customary right o..Category: Procedural Law | Date: | Hits: 100
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....s failed to appear before the Court. 13. Relief for specific performance of a contract is a discretionary relief. In granting such relief Court along with law and fact, also consider the nature, conduct and attitude of the parties. In the case in hand defendants who are sons of Kazi Golam Hossa..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
.... under contract and further admitted that he had already constructed a boundary wall surrounding the sold five decimals and thereby he had relinquished his claim on the remaining five decimals by his conduct. Moreover, holding of a shalish showing his relinquishment of claim on the remaining five de..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....his successor Zakir Hossain (P.W.1). In cross-examination he stated that the Investigating Officer did not record his statement under section 161 of the Code of Criminal Procedure. He himself did not conduct any inquiry in the present case, but had initiated inquiry to be done by others. 11. P.W...Category: Criminal Law | Date: | Hits: 61
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....ct and one must look to the attendant circumstances to judge the purpose of the lease. Normally the original purpose determines the nature of tenancy. If the original purpose is not known, subsequent conduct of the parties may be looked at in order to determine the nature of tenancy; the mode of use..Category: Property Law | Date: | Hits: 58
Category: Others | Date: | Hits: 145
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....on of the fate of the suit, remained quite unconcerned with the result of the suit. Lastly, on 31-7-1983 when ex parte decree was passed, the defendant had also chosen to be absent in the Court. This conduct of the defendant must not be over looked. 19. From all the materials, events, facts, circ..Category: Procedural Law | Date: | Hits: 80