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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. ......f defendant Nos. 2 to 9 and made over possession of the same and the same is in possession of the said defendants. Defendant No. 21 is heir of Elemjan Bibi. 5. On consideration of the evidence on record trial Court by judgment dated 30-3-1995 decreed the suit in part allowing a separate saham of......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. ..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
.... negotiating Bank, namely the Bank of Tokyo, for the amount paid upon the irrevocable power of attorney opened by Janata Bank and when the said amount has been negotiated by the Bank of Tokyo the goods having been supplied by M/s Yama Moto Co Japan and Ms. Ahmedia Garment, Bangladesh having re......e given or communicated unless a notice is issued and served upon the defendant Nos. 1 and 2. 7. In the instant case, as has been found by the High Court Division and on our perusal of the record it is found to be true that the Court below did not issue any such notice upon defendant Nos......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. ..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
....s Bairagi as the former was not his brother’s son rather he was the son of Gogendra Nath Bairagi and, as such, terming Gurupada Das Bairagi as nephew of Kamini Kumar Das Bairagi does not hold good inasmuch as in no SA record Gurupada Das Bairagi’s name came up as owner and the High C...... not his brother’s son rather he was the son of Gogendra Nath Bairagi and, as such, terming Gurupada Das Bairagi as nephew of Kamini Kumar Das Bairagi does not hold good inasmuch as in no SA record Gurupada Das Bairagi’s name came up as owner and the High Court Division erred in law ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... Due to the influence of the ruling party people by-election could not be held peacefully which have been reported in national dailies on 15-11-1999. There were widespread violation, assault on a good number of voters some of whom received bullet injuries and the election was held in gross viol......roposal by the Ministry of Law was placed before the Supreme Court and on going through these proposals the Supreme Court approved a committee which was subsequently formed and there is nothing on record to show that power of the Election Commission has been curtailed or interfered with. ....... 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. ..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. ......he accused persons. 3. Police investigated the case and submitted charge-sheet No. 30 dated 18-11-1993 under sections 302/201/379/411/34 of the Penal Code against the accused respondents. The case record was sent to the learned Sessions Judge, Habigonj and registered as Sessions Case No. 17 of 19......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. ..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. ......invested to generate more resources for charitable purposes neither the Government in exercise of its regulatory powers nor the donors have any objection to such investment and there is nothing on record to show that any such objection was raised either by the Government or by Bangladesh Bank ag......y undertaken or carried on by any person or organisation of his or its own free will to render agricultural, relief, missionary, educational, cultural, vocational, social welfare and developmental services, etc. So, BRAC as a charitable society can receive and spend foreign donations for social ..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....15, 2000. The Code of Civil Procedure, 1908 (V of 1908) Order XX VII rule 4 Service of summons on the Government Pleader is good service on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......000. The Code of Civil Procedure, 1908 (V of 1908) Order XX VII rule 4 Service of summons on the Government Pleader is good service on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95 ..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. ......ndu Bikash Roy Choudhury J.- This appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction under Part II of section 304 of the Penal Code recorded by the Assistant Sessions Judge, Cox’s Bazar, which was upheld in appeal by a Divisi...... 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. ..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. ......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ..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. ...... AM on 7-6-86 within the living room of the victim couple. Fakku Mia being assaulted died on the spot Injured Bakul Bibi was taken to Burichong Hospital where PW 9 Mr. AM Karim, Upzila Nirbahi Office recorded her dying declaration at 4-00 PM. The dying declaration runs as follows: গতক...... 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. ..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. ......fendant No. 1 appellant contest the suit by filing a written statement. His case, in short was this. He took lease of the suit premises from Jana Jiban Dutta in 1952 and made construction thereon. He recorded his name in the municipality and also in the PS Khatian. He denied relationship of landlord......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. ..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. ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......ons of this Act such profits or gains shall be computed after making the following allowances, namely— (X) any sum paid to an employee as bonus or commission for services rendered, whether such sum would not have been payable to him as profits or dividend if..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... petitioner, submitted that the High Court Division erred in law in not holding that whether the error crept through Court’s oversight or counsel mistake if it is apparent on the face of the record it could be cured without driving to the appeal and misconception of fact and/or law of the ......l No.179 of 1991 under Order 47 rule 1 of the Code of Civil Procedure. 2. The suit was for declaration that the plaintiff was illegally and wrongfully dismissed from his service on 27-1-77 and that he was entitled to be reinstated with full arrear dues up-to-date. The ..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. ......ghuram Moni; Raghuram Moni died childless in India on 2-7-1984; Parshuram Moni died leaving three sons who became the owners of the disputed land; but through mistake the name of Raghuram Moni was recorded and consequently declared vested and non-resident property by the Upazilla Nirbahi Of......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..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. ......itioner, submits that the High Court Division condoned the delay against settled principle of law and thereby committed an illegality. He submits that there was apparent negligence on the face of the record in moving the High Court Division in an application under section 115 of the Code of Civil Pr...... 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. ..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. ......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. ......ntry and was absent for more than five years. A departmental proceeding was initiated by the Director General of the aforesaid Institute and by order dated 13-1-1988 the petitioner was removed from service. Against that AT Case No.201 of 1990 was filed by the petitioner which was allowed and the..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....ircumstances but, at the same time, it cannot also be said that there was nothing at all to sustain an alteration of the sentence. For example, an unblemished record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But it can neve......pellate court without considering this vital aspect passed the judgment and decree which has correctly been reversed by the High Court Division considering the facts, circumstances and evidence on record. 11. We have examined the submissions made at the Bar and perused the materials on ......k. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability of at least of the Rules, Regulations, etc. of the bank constituting misconduct warranting removal from service.……..(21, 22 and 27) Cases Referred To- Sonali Bank vs. Ruhul..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......the plaintiff that after taking delivery of possession of the land purchased by him in the auction he was possessing the same with his licences. 11. It appears from the materials on record that the lisencees approached the office of the Additional Deputy Commissioner, Mymensi......e Act and thereby the auction became absolute under section 25 of the Act. That being so, the revisional authorities under section 53 of the Act could not set aside the sale upon, the ground of non-service of notice under section 7 of the Act which in turn comes in direct conflict with the provis..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. ......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. ......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. ..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. ......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. ......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. ..Category: Constitutional Law | Date: | Hits: 178
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