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Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......reed in preliminary and final form on 25.08.1992 and 05.07.1993 respectively, though the appellants claim that no summons of the original suit was served upon Ful Mehar Bibi (defendant No. 8). The case of the appellants is that Ful Meher Bibi was married more than forty years back and since..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......nied the material allegations made in the plaint. They contended, inter alia, that the suit is barred by the provisions of the Forest Act, 1927 as well as section 56 of the Specific Relief Act. Their case is that the suit plot Nos. 1330, 1410, 1596, 1600. 1606 and 1662 of Mouza Araishaprosad along w..Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......tter of discharge from service dated 27.12.89. The said order of discharge having been passed without giving him any chance to show cause is illegal and void. 3. The appellant contested the case before the Labour Court by filling a written objection denying the case of respondent No. 2 st..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......e calling for a review of that part of the order in C.P.L.A. No. 425 of 1995 which relates to the arrear salaries. 6. We have perused the plaint and the written statement filed in this case. The plaint shows that by an amendment made on 21 November 1983 the plaintiff made a prayer, ..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......o Meghna Petroleum Limited who is defendant No. 2 in the suit and M/s James Finlay and Company Limited defendant No. 1 continued dealership of Petroleum Products under defendant No. 2. It is also the case of the plaintiff that 25 years lease of Nawab Khawja Habubullah Bahadur ended on 1.3.1977 where..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......iolative of regulation 28 of the Service Regulations. The Tribunal found no illegality or violation of the principle of natural justice in the departmental proceeding and accordingly dismissed the case. On appeal, being No. 52 of 1994 the Administrative Appellate Tribunal, Dhaka, set aside the o..Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ...... through tenants and title of the plaintiff - Government to the property in Suit was clouded by the said decree and the sale deed. Hence the suit. 3. Defendant No. 1 contested the suit. His case was that the suit properties are self-acquired properties of Sarna Kumari Roy and she was in p..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......on (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh.....Appellant (In both the cases) Vs. Md. Shajahan......................Respondent (In Appeal No. 132 of 1997) ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......espondent was inducted in the year 1965 as an ejectable monthly tenant of the appellant in the suit shop room at a monthly rent of Tk. 50/-, which was subsequently raised to Tk. 150/- only. 3. The case of the plaintiff-appellant inter alia is that the respondent was not only a habitual defaulte..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......nnouncing that the writ petitioner was dismissed from service with effect from 8.7.1989 under the Government Servants (Special Provisions) Ordinance, 1979 which had no manner of application to the case of the writ petitioner. This was done as a cunning device for collateral purpose for non-..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......ent (In Civil Appeal No. 67 of 1997). Md. Nurullah, Senior Advocate (Md. Bodruddoza, Advocate with him) instructed by Md. Nowab Ali Advocate-on-Record - For the Appellant (In all the cases). Mahbubur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......dant Nos. 1 and 2 from interfering in any manner with the plaintiff's possession in the wakf properties described in schedule Nos. 1 and II in the plaint. 3. The background of the case is this: On 2 April 1956 the then Government of East Pakistan issued two notifications in resp..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... beyond 30 days from the day when initial decree was signed on 7.2.96 even without making deposit of the required 50% of the decretal amount of the trial court. But so far in the instant case is concerned a wrong decree was prepared and singed on 7.2.96 upon an incorrect certifica..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......country undertakes. If the domestic laws are not clear enough or there is nothing therein the national courts should draw upon the principles incorporated in the international instruments. But in the cases where the domestic laws are clear and inconsistent with the international obligations of the..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......erms:- "Dr. Kamal Hossain, learned Counsel for the petitioner, submits that the Sonali Bank is no doubt the employer of the petitioner and was no doubt a necessary party to the case but in the present case the Chairman of the Board of Directiors of sonali Bank, the Managing ..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......dinate Judge, Sirajgonj for pre-emption of two decimals of land. The respondent No. 1 opposed the said petition by filing a written objection. The appellant examined 4 P. Ws. In support of his case whereas the respondent No. 1 examined one witness in support of her case. The learned Sub..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......mptor respondents, were substituted as heirs of the deceased brother in O.S. No. 9 of 19975 and the Execution Case No. 9 of 1981. The pre-emptor respondents alleged that no notice of the aforesaid case was served upon them. They came to know about the agreement, suit and sale of the disputed lan..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......dant No. 3, Parichan Bibi who then transferred the land in suit on June 6, 1963 to the plaintiff No. 1 and the plaintiff No. 1 sold the land to the plaintiff No. 2 Sufia Khatun. It is the specific case of the Plaintiff No. 1 that defendant Nos. 1 and 2 had and have no right, title, interest and ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......her contention is that he sent money and clothes to the defendant respondent for the minors but the defendant refused. 10. The High Court Division relying on a decision of this court in the case of Md. Abu Baker Siddique Vs. M. A. Bakar and others reported in 6 BLD (AD) 245 has observed ..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ...... an application before the Rin Salishi Board (the Board), Pangsha, Rajbari, for declaration that the property so sold was in fact usufructuary mortgage. 3. The appellants contested the case before the Board, filed written objection stating, inter alia, that the application filed und..Category: Procedural Law | Date: | Hits: 75
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