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Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......In the suit the plaintiff filed an application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure praying for an order of temporary injunction restraining defendant Nos.1, 2 & 9 from holding election at Noldanga and Panchapolli polling stations in place of Debipur and Joypur schedul..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ourt Division on 2nd July, 2601 in Writ Petition No. 456 of 2001 making the Rule absolute. 2. The Civil Appeal No. 443 of 2001 is by Motiur Rahman and others who are holding the (separated) posts of Superintending Engineer, in Bangladesh Agricultural Development Cor..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....r existing scale of LDA‑cum‑typist under certain terms and conditions. 4. Mr Abdur Rab Chaudhury, the learned Counsel appearing for the petitioner, submits that the undisputed fact that the petitioner‑appellant had worked continuously and satisfactorily for a p...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......n and it had subsequently been seized by the police. From the evidence of PW 45 Dr. Motlub Ahmed, PW 46 Dr Kamrun Nessa and PW 49 Dr Amirul Hossain Chowdhury it appears that the medical board after holding post mortem examination found a number of injuries including, "both the labia majora ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......r of the company named in the articles and harsh, burdensome and wrongful conduct were accepted as being situations covered by the section. The case covered the powers of the managing director, the holding of annual general meeting and the appointment of auditors. The court gave appropriate direc..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....er in cash or account, secured or unsecured, whether ascertained or ascertainable arising out of such obligation expressed or implied. 6. Lengthy submissions was made by both sides on disputed question of facts like whether on the death of Haladhar Chandra Dey, the proprietor of Ms ......in the instant case. 5. The succession certificate was granted by the District Delegate. The judgment and order granting succession certificate was set aside by the High Court Division holding primarily that no succession certificate could be granted of those ornaments as those were ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ...... 23. But the fact remains that in the instant case, all the courts below have taken an erroneous view, regarding the nature of a mutation proceeding before the revenue officer, holding it to be a proceeding before a court on a misconception of law. An offence of serious nature..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......such, the impugned Judgment and decree is liable to be set aside. The High Court Division has held that PW 2, the scribe, duly proved bainanama and so the learned Subordinate Judge acted illegally in holding that the bainanama has not been duly proved. 8. It appears that the defendant No. 1 neith..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....egations having been held proved rendering him unworthy of holding the office which he held". 8. The view expressed in the aforesaid reported cases can hardly be disputed or, in other words, there is hardly any reason to take a view different from the views expr......rious matter. It curtails the statutory term of the holder of the office. A stigma is cast on the holder of the office in view of certain allegations having been held proved rendering him unworthy of holding the office which he held". 8. The view expressed in th..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
.... learned Counsel for the respondent that in the absence of application under section 117(1)(c) of the State Acquisition and Tenancy Act there cannot be separation of holding or mutation can hardly be disputed, rather it is the requirements of provision of law that an application for separation of ho......d the Jama in respect of his purchased land without compliance of the provision of section 117 of the State Acquisition and Tenancy Act, 1950 and, as such, appellate Court did not commit any error in holding that the pre-emptors are the co‑sharers of the land sought to be pre‑empted..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....ed before a Tribunal. In other words, a Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act. It is not disputed that the Tribunal is competent to set aside an order. If that be so, it hardly stands to re......ustice" dismissed the appeal. 4. Leave has been granted to consider the contentions of the appellant that while the AAT and AT found that there was no wrong or illegality in holding the respondent guilty by the Enquiry Officer as well as in the departmental appeal the tribu..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ...... the respective cases of the parties and applied judicial mind, the High Court Division was wrong in making the Rule absolute and transferring the cases to the Court of Metropolitan Session Judge holding that the impugned orders were passed mechanically without applying judicial mind and not..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......olled by limitation contained in section 497 Cr.P.C. There is nothing in section 496 and 497 Cr.P.C. to show that these sections were intended to apply only to the investigating police or the Court holding enquiry or trial. The wording of those sections makes it clear that it is intended to cont..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
.... and she also got, compensation for acquisition of some other paternal land and thus from her own source which she acquired from her father's property, she had purchased many properties including the disputed ‘Chaa' schedule land and that while plaintiffs father decided to go to pilgrimage, by......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......or the appellant has submitted that in view of the evidence of P.W.2 categorically denying his signature in the Ekrarnama the Courts i.e. trial Court and the appellate Court, were in serious error in holding the Ekrarnama as genuine in disregard of the view of the superior courts as to making of dec..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
.... said decree at the prevailing bank rate as provided under Article 21 of the Bank Order, 1972. 9. Mr. Khandaker Mahbubuddin Ahmed, the learned Counsel for the respondent, has not disputed the question of awarding interest by the learned Subordinate Judge except that the award wa......t was subsequently converted into an appeal under section 17 of the Act. 4. A division Bench of the High Court Division by the impugned judgment dismissed the appeals with cost upholding the decree of the Subordinate Judge but disallowing the interest given by the arbitrator in ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....The submission would have bearing on the merit of the judgment of the High Court Division if for some other reason the judgment of the High Court Division would not have been found sustainable. The undisputed fact is that writ petitioner No. 1 and its members have obtained a plan duly approved by RA......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ...... the correctness of allegation as published in different newspapers and to report regarding involvement of the officers and employees of the said Board. Annexure 3 shows that the said Committee after holding enquiry submitted report on 9‑10‑1995. But, apart from this enquiry report no en..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....for raising loans for the company and for no other purpose. 11. The next witness for the petitioners is PW 2 Md. Liaquat Hossain. He is a handwriting expert of the CID department. He compared the disputed signatures with the admitted signatures of those who purport to be their authors. Ms report......holders of the company. 4. The respondents now claim that neither respondent No. 1 nor respondent No. 2 transferred their shares to appellant No. 3 and appellant No. 5 and they are still lawfully holding the said, 200 paid up shares in the company, but Tofayel Ahmed fraudulently omitted their na..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208