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Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... Court. The said respondent No. 7 the appellant in Civil Appeal No. 439 of 2001 has entered appearance in the suit and filed written statement. It appears that after lapse of considerable period of time the respondent No. 7 filed an application for amendment of the written statement which was ...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....sferee, as also the tenants holding land contiguous to the one transferred an opportunity to Join as co‑applicant in the pre‑emption proceeding for ratable pre‑emption but fixes a time limit for the purpose. 7. The applicant petitioner, a co‑sharer by inherit......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....ight Service Department, inter alia, it stated that "Operating Crew" 359 Flight Stewards/Stewardesses in pay Group IV and writ petitioners are in the said group and the said Organisation Chart at the time of filing writ petitions is existent one. 4. It is the contention of the writ‑petitioners ......e or in the alternative they are entitled to the same benefits of employment like that of the permanent Stewardesses as well as entire benefits (provident fund, gratuity and pension, study leave, pay scales etc.) The learned Counsel also submits that prior to February 1984 retirement age of the empl..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....ellant and the respondent No. 1 and in support thereof respondent No. 1 swore an affidavit and the same was filed in the court through respondent No. 1's learned Advocate, but unfortunately, at the time of hearing of the revisional application the learned Advocate inadvertently, failed to bring t......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....be an interval of more than 15(fifteen) months between two ordinary general meetings. Since incorporation in the year 1983, the company is holding its Annual General Meetings (AGM) regularly within time in accordance with the provisions of Article 60 of the Articles of Association of the company ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... the Negotiable Instruments Act and issued warrant of arrest. The convict respondents surrendered to the Court on 3‑7‑2001 and were then enlarged on ad‑interim bail on the same date. In the meantime, the case was transferred to the court of the Metropolitan Magistrate, Dhaka, for holding trial...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....drew 69 metric tons of wheat for development of school field and for filling up a pond and a ditch, but without completing the work of the Project misappropriated 31 metric tons of wheat. At the time of examination of the appellant under section 342 of the Code of Criminal Procedure prosecution...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....e only two rooms at the Joypur Primary School, although there are four rooms with pucca boundary wall in the said school. Although there are two rooms in Debipur Government Primary School, yet at the time of 1st enquiry by defendant No.2 and on being asked by him the local people constructed a room.......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....r. 16. The learned Counsel then argues that the BADC Regulations, 1990 shall be construed not to apply to those who were already in service of the Corporation at the time when the said Regulations came into operation. Therefore, the present respondent having been pr...... “Mr Amir‑ul Islam, the learned Advocate for the leave petitioners, submits that the Service Regulations of 1990 do not recall a promotion already made or reduce a pay‑scale already granted but it provides for a classification by prescribing a qualitative standard in ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
.... 21. The teamed Counsels then referred to article 37 of the Articles of Association of the Company which is to the effect. "The Directors may at any time in their absolute and uncontrolled discretion and without assigning any reason for such ref......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....ressed down and 3 others raped her and thereupon she lost her sense; that she recognised the accused persons by the moon light and also by the voice since accused were talking among themselves at the time of incident; that on the following morning she narrated the incident to her husband and at that......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....ts for indefinite duration is not disputed. Had it been the case that the authority i.e., BSRS, while absorbing the petitioner could have posted her in the post of Librarian then possibly by lapse of time she would have acquired a vested right to the higher scale attached to the posts of Librarian b......990. 2. The petitioner's case, in brief, is that she was appointed as Librarian in the Investment Advisory Centre of Bangladesh (IACB) with effect from 24th April l980 at the pay scale of Taka 300-540. Considering the work load and responsibility of the post of Librarian, s..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....r Md. Abdus Sattar have also been dismissed. Another condemned prisoner Sree Amirita Lal Barman filed Criminal Appeal No. 1722 of 1997 which has also been dismissed by the same judgment. In the meantime, the aforesaid Sree Amirita Lal Barman is said to be dead. 2. Both the peti...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....on 233 of the Companies Act 1994 was that the Petitioner Company Nahar Shipping Lines Limited was incorporated as a Public Limited Company in July 1979. 5000 fully paid up shares were issued at the time of incorporation, out of which 500 shares were issued to Mr. Md. Ashraf Ahmed, the late husban......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....he appellant, in short is that one Haladhar Chandra Dey, the proprietor of Ms H Dey Jewellers, a jewellery shop situated in Khulna, died in Calcutta on 4th June, 1970. His ordinary residence at the time of death was in the town of Khulna. He left behind 5(five) sons of whom the appellant Aloke N......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....t Petition No. 5364 of 2001 making the Rule absolute. 2. The Rule was obtained seeking direction on the writ-respondents to return the goods which were retained by the Customs Authority at the time of entry of the petitioner into Bangladesh through the Zia International Airport. The demand fo......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....of the Senior Assistant Judge and S.C.C Judge, Dhaka in S.C.C suit No.15 of 2000 are hereby affirmed. 11. The order of stay of operation of the judgment and decree dated 29.1.01 as passed at the time of issuance of the rule is vacated. In the facts of the case, I do not make any order as to cos......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....7 of the Act, though it was required to‑pay Taka 1 crore and not 5 crore under the unamended provision. In view of section 6(b) of the General Clauses Act, the respondent submits, that since at the time of making the application for "Sanad", the existing law required depositing of one crore, there......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
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Category: Others | Date: 8 Feb, 2003 | Hits: 112
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....77 (I of 1877), Section 12 In case of sale of immovable property, the court ordinarily does not take into consideration the increase of market price. Further, in case of sale of immovable property time is not essence of the contract. Case referred to- Ram Chandra Dash and others Vs. Md Khal......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....eated direction to appear before the Medical Board of Barisal Medical College for examination of his health but he refrained from appearing before the Medical Board. The appellant was allowed 10 days time to submit his reply to the allegations in the show cause notice and that was also directed to c......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
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