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Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....same ''as if such suits were not cognizabls by a Court of Small Causes'. Thus the procedure is also altered and the procedure laid down in the Small Causes Courts Act are no longer applicable. This independent and new remedy provided for by section 28-A has not been made revisable under section 25...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....arned Judge next, held that, the-impugned kabala in favour of appellant Altafur Rahman was under challenge, and it was a document executed by a purdahnasheen lady, and so the onus that the lady got independent advice as to the nature and effect of the transaction into which she was entering, and t......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
.... They also refused to review decision by Greyhound Racing Club (Greyhound Racing Ltd. 1983 IWLR 1302), Lloyd corporation’s decision (Corporation of Lloyds Vs. Brigs 1993 1 Lloyds Report 176), by an independent school (R Vs. Fernhill Manor School ex-parte Brown 1992, 5. Admin LR 159, (stating that ......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....lved in the occurrence is not based on evidence. Moreover, learned Judge failed to consider that mere absconsion cannot form the basis of conviction unless the guilt of the accused is brought home by independent and corroborative evidence. Accused Zafar himself did not make any statement under secti......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
....ngladesh Awami League, Bogra District, President of Chamber of Commerce, Bogra, Director FBCCI, President Mohasthangorh Mosque, Mazar Development Committee and a renowned freedom fighter. There is an independent management committee for the Mazar and the Mosque in the subject vicinity.
18. Pursua......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....imilar terms stating that the Parliament passed the impugned Act amending the Constitution providing for a non‑party caretaker government for a limited period for the purpose of holding free, fair, independent and peaceful general election to the Parliament in order to have a government formed of ......d pointing out clause (3) of Article 48 of the Constitution that during the period of non‑party caretaker Government the provision that the President shall in the exercise of all his functions save appointment of Prime Minister and the Chief Justice act in accordance with the advice of the Prime M..Category: Constitutional Law | Date: | Hits: 215
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....o executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failure to produce the property when called for, in addition to or independent of the forfeiture of his bond under section 514 of the Code of Cr P. 2. The appellant......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....mstances. 7. Mr. Abdul Wadud Bhuiya, Additional Attorney General appearing for the Board of Revenue contended that since the present mortgage to the Bank of Credit and Commerce is a new mortgage independent of the first mortgage Article 40(c) is not attracted and it is only 40(b) that is applic...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ot available at the original vendor and co-sharer got back already his ownership in its entirety it being immaterial whether he got back his ownership in pursuance of an agreement for reconveyance or independent of any such agreement. The main question for careful examination will be whether he actu......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....lice. 56. The unpalatable and obnoxious fact that the informants did not even maintain minimum respect in writing the name of the Founding Father of the Nation, because of whom they do now live in independent Bangladesh and enjoy the fruits of freedom, also leaves a lot to be desired vis–a-vis ......ioner or even by the Chair, is a decision as contemplated by the Ain. It has been further averred in the petition that under Section 35(2), read with Sections 2(f), 2(j), 16(4) and 34 of the Ain, the appointment of the respondent nos.5 and 6 to the Commission was illegal, without jurisdiction and nu..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......ong in Artha Rin Execution Case No.278 of 2003 (arising out of Mortgage Suit No.33 of 1996) rejecting the petitioner’s application filed under section 20 of the Financial Institutions Act, 1993 for appointment of an audit commissioner by Bangladesh Bank to inspect and examine his C.C. account. ..Category: Civil Law | Date: | Hits: 129
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......vision) have been requested to direct the Administrator of M/s. Masood Reza & Co., to hand over possession of the same to the Bangladesh Steel Mills Corporation immediately and also to cancel the appointment of the administrator from the moment delivery of possession of the unit is handed over..
Category: Others | Date: | Hits: 154
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... petitioner as the Mutwalli on the principle enunciated in the case reported in 35 DLR (AD) 108. The learned Counsel lastly submitted that the Estate is a public Waqf without any instrument to govern appointment/succession of Mutwalli, family members of the last Mutwalli having no special claim to t..Category: Trust/Waqf Law | Date: | Hits: 148
Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)
....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ...... in Appeal No.47 of 2003 dismissing the appeal on ground of being barred by limitation against the order of the Tribunal dated 2.10.2002 declaring the condition imposed in the respondent’s offer of appointment dated 22.1.1984 issued by the Ministry of Establishment as illegal, void and without jur..Category: Procedural Law | Date: | Hits: 79
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....e land. 17. From the record it appears that the learned Additional Metropolitan Sessions Judge being the last Court of fact discussed the evidence adduced by the parties elaborately and came to an independent finding that the first party was in possession of the case land on 28-5-1997, the date o......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368.......to terminate any of its officials by 3(three) months' notice or upon payment of 3(three) months' salary without assigning any reason whatsoever. It was further mentioned that clause-9(iii) of the appointment letter of the petitioner bearing No.PF.02.11/16/96 dated 31.03.1978 clearly stated that ..
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......actice of seniority basis only. The learned Counsel has argued also that the impugned circular No.10 of 2005 is a statutory instrument incorporating a merit-cum-seniority based promotion criteria for appointment to the post of General Manager and this has been done for the betterment and effective f..Category: Employment/Service Law | Date: | Hits: 211
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......1 to 6 decided to recruit man power of the upgrade hospital for opening the Hospital and accordingly created 142 gazetted and non-gazetted post for running the hospital. That the order was issued for appointment under order of appellant no.3 with the approval of the Government. That the respondent a..Category: Employment/Service Law | Date: | Hits: 155
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....ously argued in, support of the proposition that on the elimination of the rent-receiving interest the under raiyati interest of Ayesha Khatun by operation of law became upgraded and attained the independent status of raiyat under the Government. On careful consideration of the argument of the l......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
....ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......ercial Court, Dhaka in Title Suit No. 243 of 1989. By the said order dated 21.3.1991 the learned Sub-ordinate Judge had allowed an application under Order XL rule 1 of the Code of Civil Procedure for appointment of a receiver of the suit property. 2. Facts leading to this civil revision are that ..Category: Civil Law | Date: | Hits: 130
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