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Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......eferred To- Currimbby & Co. Ltd Vs. LA Greet and other, AIR 1933 PC 89; Collipara Sriramulu Vs. Aswatla Harayal, AIR 1968 SC 1208; Ramana Dayaram Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiy..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......pment & others... ..................Respondents Judgment August 27, 2005. Cases Referre to: Virendar Gaur vs. State of Haryana (1995)2 SCC 577; Vineet Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooque vs Ban..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....dence. 60. In the case of Ram Charan and others Vs. The State of UP, AIR 1968 (SC) 1270, the Indian Supreme Court approved of the following observaÂtions of the Nagpur High Court in Parmanand Vs. Emperor, AIR Nag 340: "We are of the opinion that if a statement of a witness is previously recor......an Supreme Court disbelieved the evidence of a soliÂtary eye-witness because of the delay in disclosing the name of the assailant. 26. In Chanan Singh Vs. State of Haryana, AIR 1971 (SC) 1554 the Indian Supreme Court set aside the conviction because of the abnormal conduct of the sole witness wh..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......…..…………. Respondents Judgment August 31, 1977 Cases Referred to: Syed. Md. Sakk Vs. Bangladesh (1975)27 DLR 328; P. R. Nayek Vs Union of India, AIR 1972 (SC) 554; Mian Md. Hiyat Vs Province of West Pakistan, (1964) 16 DLR (SC) 251: PLD 1..Category: Employment/Service Law | Date: | Hits: 79
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......e plaint and stated, inter alia, that land in suit belonged to Harihar Das who appointed Jatindra Chandra Sarker as attorney to look after the property and to sell the property and thereupon left for India, that Attorney of Harihar Das inducted defendant No. 5 as tenant in the building and also defe..Category: Tenancy Law | Date: | Hits: 156
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......y-law which in whole or in part is not confined to the particular circumstances contemplated by the statute or is repugnant to the general law is invalid." 21. The Supreme Court of India expressed the same principles in State of U.P. vs. Hindustan Alluminam Corporation and others..Category: Employment/Service Law | Date: | Hits: 103
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......peal is allowed……….…(36) Cases Referred to- Bengal Jute Mills Vs. Jecoraj Hiralal, AIR 1943 (Cal) 13; Wali Md. V. Iskak Ali (judgment by Acting CJ Sulaiman) AIR 1931 (All) 507 (SB); All India Reporter Limited, Bombay Vs. Ramchandra Dhondo Dater, AIR 1961 (Bom) 292; Ali Mohammad Vs. Jag..Category: Property Law | Date: | Hits: 118
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... wrongly prepared in the name of Sachindra Mohon Roy. 4. The suit was contested by the appellants (defendant Nos.1 and 2) by filing written statement stating, inter alia, that the plaintiff is an Indian National and also fictitious person and is not the real Jatindra Mohon Roy @ Sachindra Mohon ..Category: Tenancy Law | Date: | Hits: 194
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......onged to Amioyo Nath Sarker and other sons of Anadi Nath Sarker, that the said owners during the communal disturbance of 1961 left the erstwhile East Pakistan and went to Murshidabad, West Bengal, India, that plaintiff was the resident of village Shib Nagar, Police Station Dom Kola in the distri..Category: Property Law | Date: | Hits: 38
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ...... of the Will in Probate Case No.19 of 1967 on 15.01.1968 and since, then she was managing the suit property. The plaintiffs got the suit property by exchange with their properties in Murshidabad in India and the deed of exchange was registered. On 27.08.1975 the plaintiffs came to know that the ..Category: Property Law | Date: | Hits: 59
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ed To- President vs. Mr. Justice Shaukat Ali, 1971 PLD (SC) 585; S. P. Gupta and others Vs. K.B.N. Singh (Chief Justice) and others, 1982 AIR (SC) 149; Dr. P. Nalla Thampy Thera Vs. Union of India and others; Supreme Court Cases 307. Lawyers Involved: Dr. Kamal Hossain, Seni..Category: Others | Date: | Hits: 97
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......uent conduct of the parties came to the conclusion that there was no severance of status of Bigendra Naryan from his uncle Bidya Narayan and with that view the High Court agreed. The Supreme Court of India held as follows: "It is true that the High Court did not enter upon a reappraisal of the evide..Category: Civil Law | Date: | Hits: 109
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......fit on the one and obligation on the other. Tracing the background of the law of preÂemption the Privy Council has said in more cases than one that the law of pre-emption was introduced in undivided India by the Muhammadan (vide Digambar Singh Vs. Ahmed Said Khan 42 1A 10(18). As to the question wh..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......uarters". It is one of the flats of a building which was constructed by the Government of the then East Pakistan for providing residential accommodation to the displaced persons who had migrated from India, generally known as "Behari Refugees". The quarter was allotted under a Lease Agreement to res..Category: Property Law | Date: | Hits: 40
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......Karachi 63; 31 DLR 184; BLD 1988 (AD) 84; 22 DLR (SC) 443; 19 DLR 592; Secretary, Ministry of IndusÂtries, Nationalised Industries Division Vs. Saleh AhÂmed & another 1981 BLD (AD) 91; Union of India Vs. Anglo Afghan AgenÂcies AIR 1968 (SC) 718; Gujarat State Financial Corporation Vs. Mis. Lo..Category: Fiscal/Taxation Law | Date: | Hits: 153
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ff Hossain SAMNO 336713 Indosuez Bank Ltd. 29.01.01 10 lac Engineer Moshraff Hossain SAMNO 1216936 State Bank of India 29.01.01 5 lac 3 Abu Shawkat SAMNO 3897..Category: Banking Law | Date: | Hits: 185
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ....... Vs. Social Investment Bank Ltd & ors........................Respondents (In both the appeals). Judgment November 3, 2002. Cases Referred To- British India Corporation vs. Robert Menzies, 1936 Company Cases 250; Kishore Y. Patel Vs. Patel Engineeri..Category: Business or Commercial Law | Date: | Hits: 147
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......so for eviction of the defendant No. 3 from a portion of the suit land on the averments, inter alia, that the suit land was acquired by the Government to rehabilitate the refugees coming from India and thereafter, the Government allotted the suit land to one Rustom Ali who after constructin..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦(42) Cases Referred to: State of Madras Vs. V.G. Row, AIR 1952(SC) 196; Abul-A'la Maudoodi Vs. Government of West Pakistan, PLD 1964 (SC) 673; Damyanti V. Union of India AIR 1971 (SC) 966; Bidhu Bhusan Bagchi and anothÂer Vs. The State of West Bengal, AIR 1952 Ca..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested elecÂtion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ed Vs. Abdul Jalil, 40 DLR 512; N.P. Ponnu Swami Vs. Returning Officer, AIR 1952 S.C., 64; Mohinder Singh Vs. Chief Election Commissioner, AIR 1978 S.C. 851; Inderjit Barua Vs. Election Commission of India, 1984 SCR, 1911; A.K.M. Hasanuzzaman Vs. Election Commission 1 SCR 493; Election Commissioner ..Category: Election Law | Date: | Hits: 173
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