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Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....amination in 1972 and joined the service of the Republic as a Class-I Officer on 22-10-73. After being absorbed in the BCS (Administration) Cadre by Notification dated 4-12-82, he was at the material time Additional Deputy Commissioner (Revenue), Mymensingh. In the list of seniority he was senior to......n earlier Notification dated 19-8-91 of the Ministry of Establishment. Paragraph 6 of the repealed Notification dated 19-8-91 provided that for promotion, appointment, selection grade and higher time scale only the annual confidential reports and service record (record concerning discipline, conduct..Category: Constitutional Law | Date: | Hits: 185
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....from respondent No. 1 and respondent No. 2 (a Joint venture of the former). The said respondents paid Taka 19,88,42,860.00 leaving an outstanding of Taka 4,79,15,321.71 for which demand was made from time to time. 3. The plaintiff’s case is that on 12-2-95, respondent No. 1 issued an account ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....favour of the son of respondent No. 1; that the complainant then filed an application for setting aside the solenama and the same was set aside on contest; that in TS 126 of 1989 respondent No. 1 sometimes filed hajira/petition on behalf of his son and sometimes for the complainant who are respectiv......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....ision failed to notice the same and thus committed an error of law in refusing to entertain the revisional application. 5. Rule 1 of Order XVI of the Code of Civil Procedure provides that, at any time after the suit is instituted, the parties may, on application to the Court, obtain summons to p......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
................Respondents Judgment August 10, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The trial court found that the place, time, manner of entering into any oral agreement, settlement of consideration and payment towards th......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....area of 5.79 acres of land in Mouza Chandgaon, PS Panchalaish, District Chittagong prayed for release of their land from Acquisition Case No. 138 of 1962-63 as the same remained unutilised for a long time. By Annexure “G” dated 24-9-90, respondent No. 1 refused to release the land of the petitio......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....sion provides as follows: “Holding of Courts, Vacations, Holidays. 1. The High Court in the exercise of its several jurisdictions any Judge of such Court, may sit at such places and at such times within the Province of East Pakistan as the Chief Justice may determine. 2. The vacations ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....r certificate stating that those items have been installed by the plaintiff on board of defendant No.1. Plaintiff duly submitted his bill for US $ 14,851.00 for those items. Defendant No.2 in the meantime sent a list of spare parts to the plaintiff for supplying to defendant No.1 numbering 17 by tel......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....ner respondent No. 2 alleged that respondent No. 3 also is a resident of the same village and ward with him n he was loan defaulter of Sonali Bank and tax defaulter of Shaplapur Union Parishad at the time of giving nomination paper and as such, his nomination paper was rejected by the Returning Offi...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....annot be allowed to proceed with the present suit as no fraud was practiced upon the court by the defendants in the earlier suit. Such a suit should be buried at the very inception so that no further time is consumed in a fruitless litigation to reopen the same matter afresh after losing upto the Ap......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
.... paisa. The said suit on transfer to Artha Rin Adalat No. 4 at Dhaka was renumbered as Money Suit No. 143 of 1993. 4. It appears that on 17-3-1993 the case was fixed for argument and on that date time was taken. Subsequent thereto on 17-7-1993 respondents filed an application for recalling PW 1.......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ee the other part of the occurrence…………………………(15) The Code of Criminal Procedure, 1898 (V of 1898), section 161 Whether statement of a witness before the court for the first time not disclosed before the Investigation officer immediately after the occurrence can be relied o......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....on that there was absence of vital element of partition in the present suit. 20. It is on record that the kabala of the defendant Ext- A of the year 1935 in earlier in point in time than the kabala of the defendant which is of the year 1938 and 1942 Exits. 1(a)& 1. ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
.... 1998, it was stipulated that they would be promoted against vacancies occurring upto 31.12.1999 and if the list was not completed, the period would be extended further, instead of extending the time which was stipulated at the time of selection, it was arbitrarily cut short for no reasonable g......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....id salami money by 10 installments after adjusting the amount already deposited. The review application was allowed and the appellant was allowed to pay the salami money by 4 installments. In the meantime the respondent No. 1, the Revenue Deputy Collector, Cox's Bazar informed the writ-petitione......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....he being successful at examination his subsidiary examination result was regularized. The appellant could have cancelled the result of the B.Sc. (Honours) and M.Sc. Examination at that time while canceling the result of the 3rd year subsidiary examination. But the respondent having be......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....s, unless, as laid down in sub-section (c) of Section 100, the error or defect discovered is of a substantial character pertaining to the procedure as provided by the code or by any other law for the time being in force which may possibly have produced an error or defect in the decision of the cas......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....parte decree. The defendants thereafter filed a Misc. Case No. 45 of 1985 under order 9 Rule 13 C.P.C for setting aside the said ex parte decree and ultimately got forged decree set aside. In the meantime the decree-holder put the decree into execution and got delivery of possession. 6.&......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....their predecessor Uzir Mondal was ill and as such could not get land recorded in their names. The trial court found that defendant's two elder brothers, Mahir and Lahir were aged 28 and 20 at the time of S.A. operation. So according to defendant's own case if their father was ill at the time......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 63
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
.... Chittagong. In the impugned order it was stated that the same was issued in the light of an order passed in Civil Revision No. 1207 of 1999. The Civil revision was pending at the relevant time. 3. Respondent Nos. 2 and 3 filed Other suit No. 280 of 1987 in ......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
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