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Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ...... whether the lower appellate Court was properly and legally reversed the findings of the trial Court. I have heard the learned Advocate of both sides, perused the application and the records of the case. It appears that the trial Court upon framing 6 (six) issues decided the issues upon due cons..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......st money of Tk. 50,000/-. Subsequently on 16.3.1993 defendant refused to register the sale deed in pursuance of the aforesaid 'bainapatra'. 3. The suit was contested by the defendant and his case is total denial of the execution of the 'bainapatra' and further case is that the signatu..Category: Property Law | Date: | Hits: 32
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ...... appeal. Leave was granted to consider the submissions that there is nothing in the judgment of this Division dismissing the petition for leave to appeal about the consideration of the case of the appellant and that the said omission is an error apparent on the face of the record nec..Category: Employment/Service Law | Date: | Hits: 72
Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)
.... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ...... 2 of 1989 in the Court of Senior Assistant Judge, Sadar, Dinajpur on the ground mentioned in this application. At the time of hearing of this appeal it come out that the plaintiff has a difficult case to sustain in this Small Causes Courts suit as it involves a question of title and for that ma..Category: Procedural Law | Date: | Hits: 95
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......writ petition to be executive Committee of Dhaka Water and Sewerage Authority (WASA) Sramik Karmachari Union and certification of the said committee by respondent No.1 were challenged. The further case is that as per provision of the said Sramik Karmachari Union's Constitution the election of th..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......officer of the Samity and later on was posted as Assistant General Manager (General Service) of Thakurgaon Palli Biddyut Samity. While serving as Assistant General Manager he was made accused in a cases filed by his wife under Section 10 (2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 19..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ..Category: Civil Law | Date: | Hits: 95
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......se) along with twenty six others were charge sheeted for the commission of offence punishable under sections 148/149/325/326/302/114 of the penal Code. They are waiting for trial in Sessions case No.120 of 1993, before the Court of 3rd Additional Sessions Judge, Dhaka. 5. In the me..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......d Md.Tuku Biswas under section 396/34 of the Penal Code. The High Court Division, however rejected the reference setting aside the conviction, and sentence of the accused respondent and the case was sent back to the Sessions Judge and retrial of accused Tuku Biswas from the stage of exami..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......ned Counsel for the petitioner next contends that the High Court Division has failed to notice that the learned Arbitrator did not afford adequate opportunity to the petitioner to present its case and that he rather conducted the proceedings in unusual haste here by mis conducting hims..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......espondents were owners of 11.34 acres of land, out of a total area of 21.95 acres with in C.S. Khatian No. 3170 of Muza 211 Baunia, P.S. Mirpur, District Dhaka. Along with other properties the case property measuring more or less 1465.05 acres of land was requisitioned under section 3 of th..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......hat Writ Petition filed Civil Petition for leave to appeal No. 810 of 1998. Leave was granted in C.P. No. 789 of 1998 to consider the submissions of the learned Attorney General that the definite case of the appellants being that the owners of Hardeo Glass Factory were non agricultural tenants o..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......ing the appellant's appeal, 55 of 1995, and allowing in part the respondent's appeal, 58 of 1995, from the decision of the Administrative Tribunal dated 19.3.95 in A. T. Case No. 29 of 1994, allowing case. 2. The respondent stood first in the batch of 1965 E. P. C. S. (Ex) Class-1 and while servi..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......c. from Different countries. The common question is whether the tariff rate could be enhanced when on the date of opening of the L. Cs. the prevailing rate of tariff was lower. In all the cases, the prevailing rate of tariff was lower. In all the cases, the reviling tariff rate as ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... Writ Petition No.689 of 1995 challenging order dated 18.12.1994. 3. Before the High Court Division the present appellant entered appearance and filed affidavit-in-opposition and their case is that the appointment of the respondent was irregular and he was illegally absorbed in the y..Category: Administrative Law | Date: | Hits: 95
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ...... suit land. 3. The respondent defendants by filing written objection opposed the prayer for injunction which was later on traded as written statement, the respondents denied the plaint case, contending inter alia, that the father of the plaintiff appellant falsely created an ant..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......he respective writ petitioners was product of fraud and as such by the so called allotments writ petitioners did not acquires any right in the land so claimed to have been allotted. It was also the case of the respondents No.1 that signatures appearing in the papers relating to the allotment wer..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......ent. The suit was fixed on 23.10.1989 for ex parte hearing. On that date the defendant did not appear and take any step. Accordingly the suit was decreed ex parte. The defendant filed Miscellaneous case No. 35 of 1990 under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex p..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
.... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......e leave petition was illegal in view of the provision of Rule 143(4) which provides that the proceeding shall be completed with in three months from the date of framing of charge but in the instant case though the charge sheet was issued on 16.8.1994, punishment was communicated on 5.1.1995,..Category: Employment/Service Law | Date: | Hits: 69
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