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Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......als on record, we are constrained to hold that the proposed amendment is necessary for proper and effective adjudication of the matters in controversy between the contending party. We are also of the view, the proposed amendment does not change the nature and character of the suit of the pleadings a..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ...... 11. Our Appellate Division approved the said decision in 40 DLR 72 in CPSLA No. 70 of 1988 wherein it has been held that- “It may be observed, however, judicial view seems to be opposed to interference with the mechanics of an irrevocable letter of credit w..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... May 31, 2001. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 A review is by no means an appeal in disguise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error&hell......bsp; Judgment May 31, 2001. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 A review is by no means an appeal in disguise whereby an erroneous decision even if there be any is reh..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......ising two judicial officers namely, Mr. Shahidullah Bakaul. Subordinate Judge, Tangail and Mr Reza, Senior Assistant Judge, Tangail to inquire into the matter. Thereafter the Election Commission in view of the seriousness of the allegation and in view of the allegation of rigging and other irreg..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......urther, that informant’s brother Hossain Ahmed, father of the deceased, has been staying in Kuwait with employment. The informant suspected that the accused Monu Miah, Anwara Begum and Salim with a view to snatching away the gold of her niece killed her with sharp cutting weapons. Hence the Ajmeer..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......und up in accordance with law, and it is well settled that a banking company could not be wound up at the instance of a stranger but it is only to be made at the instance of Bangladesh Bank and in view of the clear provision of law the writ petitioner has no right to initiate a winding up proced..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......ing of fraud by any of the courts below. There is therefore no ground for interference. 9. By the way, it may be observed that the High Court Division is not correct in its view that the limitation to have an ex parte decree set aside on the ground of fraud is 30 days. I..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... properly scrutinise the material circumstances for determining whether the chain of circumstantial evidence is as complete as to lead to the only conclusion of the appellant’s guilt. In our view, the cumulative effect of the circumstantial evidence in case falls far short of the test requ..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
...., facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......omotion, but a design to restrain them from carrying on their trade union activities. 4. The said submissions have got no merit. Firstly, it has got no merit in legal point of view because section 34 of the IRO only allows a workman to apply to the Labour Court for the enfor..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......l at 3-45 PM on 7-6-86. So according to the defence the dying declaration of Bakul Bibi at 4PM on that date at Burichong Hospital must be false and concocted. But the defence must be held as false in view of the cross-examination of the DW 1 as hereunder: “In the Entry SI No. 2773 at the Emerge..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......duced by both the parties and came to a concurrent finding that the defendant- appellant was a monthly tenant under the plaintiffs- respondents and that the tenancy stood determined by forfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without ..Category: Tenancy Law | Date: | Hits: 70
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... “Records show that although the appellant- company disclosed no book losses in all the years under reference the DCT nonetheless, computed net income in each of these years. This, in our view, turns the table completely against the department. Since the department itself has compute..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....nt May 27, 2001. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies only on patent error. Mere wrong application of......;………Respondents Judgment May 27, 2001. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ...... the lessees. Against the said order writ petitioners filed VP Appeal to the Member, Board of Land Administration who by the impugned order in writ petition dismissed the appeal and rejected the review petition respectively; whereupon the petitioners moved the High Court Division and obtained th..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......ection 5 of the Limitation Act is a highly discretionary matter and considering the facts and circumstances the High Court Division exercised the discretion in favour of the Government-respondent. In view of the aforesaid we hold that no illegality and wrong has been committed by the High Court Divi..Category: Procedural Law | Date: | Hits: 121
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......d by the Tribunal in AT Case No.201 of 1990 is declaratory in nature and there was no direction for reinstatement of the petitioner and, as such, order passed by the Tribunal is not executable. In view of the nature of the order passed by the Tribunal in the aforesaid AT Case No. 201 of 1990 we ..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......act of misconduct the Bank has decided to remove the plaintiff and as such there is no legal reason for the Bank to retain the delinquent since he had lost the confidence of the Bank. In this view of the matter the trial court as well as the lower appellate court committed illegality in de..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....question of fraud and mala fide and the said allegation as can only finally be adjudicated upon full dress hearing of the suit, the High Court Division was in error in rejecting the plaint upon an erroneous view that the suit is barred under section 37 of the PDR Act, that the provision of secti......hat the order dated January 25, 1989 passed in Second Certificate Appeal No.88 of 1984 by the Additional Divisional Commissioner, Dhaka Division, order dated August 22, 1989 passed in Certificate Review Case No. 16 of 1989 by the Additional Divisional Commissioner, Dhaka Division Dhaka and the o..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ...... there is illegality in the impugned judgment but being confronted to point out any error in the judgment found difficulty to assail the impugned judgment of the High Court Division in view of the provisions of Artha Rin Adalat Ain providing Section 7 of the Artha Rin Adalat Act, 19..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......agong City Corporation and in support thereof voter’s list finally published on 07.10.1995 of Ward No.24 containing the name of the appellant in the said address was also there. 18. In view of the aforesaid materials it cannot be said that the appellant incurred disqualification to b..Category: Constitutional Law | Date: | Hits: 178