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Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......s also Reported in: 17 MLR (AD) (2012) 59. ..Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....operty as the constituted attorney of the said respondent Nos. 7 and 8. In the aforesaid background the respondent Nos. 1‑4 upon servicing a notice demanding justice filed the writ petition seeking declaration that the order dated May, 29, 1994 canceling their lease and the allotment of their plot...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......n J Serajuddin Ahmed and others............ Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3, 2003. The Constitution of Bangladesh 1972, Article 102 (2) Delay or prompt decision taken in the matter of cancellation o..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....8209;8‑1998 passed in a suit for partition Title Suit No. 8 of 1959 (Title Suit No. 28 of 1987). 2. The plaintiff‑petitioners have filed the Title Suit No. 96 of 1997 seeking declaration that the decree passed in Title Suit No. 28 of 1987 of the 1st Court of Munsif, Bhola is......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ds/garments. Thereafter, a person came from Korea and conducted the inspection being employed by the defendant No.1 for and on behalf of. the principal/buyer but, suddenly and mysteriously, he left Bangladesh without informing the plaintiff, At this stage, they also took undue advantage of the su..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
.... The Limitation Act, 1908 (IX of 1908) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, the person in whose name record has been wron......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ...... before the Court and how the Courts relied upon it. There is no evidence to show that the medical officer who made the report was dead or was incapable of giving evidence or was beyond the limits of Bangladesh and his attendance could not be procured without much delay. Unless these facts are prove..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......red to- Aminul Islam vs. Mujibur Rahman and others 44 DLR (AD) 56; Haji Golam Hossain vs. Abdur Rahman Munshi 40 DLR (AD) 196; Abdul Jabbar vs. Azizul Huq and others 46 DLR 460; Nader Ali Sk vs. Bangladesh 1984 BLD (AD) 7; Emperor vs. Nazir Ahmed AIR 1945 Privy Council 18; Shafiqur Rahman vs. N..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....w blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment dated August 16, 1998 followed by a decree dismissing plaintiffs suit for a declaration of title and, also, for a decree of permanent injunction Plaintiffs as appellant's appro......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......y as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......t Appellate Division (Civil) Present: Md. Ruhul Amin J A S Ahammad J MM Ruhul Amin J Shafiqul Islam………..............................Petitioner Vs. Government of Bangladesh and another…….Respondents Judgment August 23, 2003. Result: The peti..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......ing the awarded amount in the form of bank guarantee and the matter got its finality on 30‑6‑1999 when the leave petition was dismissed by the Appellate Division of the Supreme Court of Bangladesh and during the period the awarded money was secured and covered by deposit of the Bank ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... in view of a particular fact that plaintiff’s application for getting lease of the suit land was previously not accepted. In other words, plaintiff in this suit is entitled to get a negative declaration, if the plaintiff succeeds on the basis of the evidence adduced................Herein ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......R 1975 SC 1810, 9 PLR (Dhaka Series) 477 and 8 BLC (AD) 111,Rajdhani Unnayan Kartipakhya and another vs. Mohshinul Islam and another 53 DI‑R (AD) 79; Sharping, Matshajibi Samabaya Samity vs. Bangladesh 39 DLR (AD) 85; Hyundai Corporation vs. Sumikin Bussan Corporation and others 54 DLR (AD..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ...... Judge, Noakhali and got delivery of possession on 19‑6-1952. Thereafter, the said Bank converted to Eastern Banking Corporation and thereafter converted to Uttara Bank Limited. After liberation of Bangladesh, the defendant did not pay rents regularly and paid rent up to 1384 BS. Thereafter, they ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......y and for delivery of vacant possession of the suit property in their favour contending, inter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a registered deed of l..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....he Constitution (Fundamental Principles of State Policy) in addition to the rights guaranteed under Articles 7, 27, 31, 32, 35(5) and 36 of the Constitution. 30. Liberty does not consist in mere declaration of rights of man. It does consist in the translation of those declarations into definite......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......ent: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment July 29, 2003. Resu..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....ms authority within 7 days from the date of receipt of the certified copy of the order passed by the High Court Division. 2. The Respondent No. 1 filed the aforementioned writ petition seeking declaration that his goods covered by the Letters of Credit (in all thirteen) of different dates hav......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......n. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......o costs. Ed. This Case is also Reported in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
.... predecessor-in-interest of the petitioners and opposite party Nos.14‑28 as plaintiffs instituted Title Suit No.96 of 1956 in the Court of Subordinate Judge, (now Joint District Judge) Rangpur, for declaration of title of 'Ka' and 'Kha’ schedule land and for khas possession of th......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......o the judicial pronouncements, included Art. 31 as a fundamental right, violation of which will entail the mischief of Art. 26 of the Constitution. It is the fundamental right of all citizens of Bangladesh and all persons residing in Bangladesh to be dealt with only in accordance with law...Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....ntitled to absorption as permanent employees in similar way as the employees of batch Nos. 1‑27 were absorbed inasmuch as the Rule was not issued in such terms and in that view of the matter such a declaration is gratuitous inasmuch as the High Court Division has not granted any of the relief’s ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......n: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164