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Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....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. ......order of compulsory retirement to the appellant. The appellant as against the said order of compulsory retirement filed appeal but without any success. Thereafter the appellant filed a petition for review / reconsideration of the order passed in the appeal but he did not have the desired result. The..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......ne is not conditioned by the second one. The rights as have been given to the pawnee by the provision of section 176 of the Contract Act are two separate rights and different from each other. In that view of the matter we are of the opinion that High Court Division in the case reported in 51 DLR 323..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......e competent authority when such representative makes himself undesirable to perform his functions and duties and his continuation in the office is made undesirable from the administrative point of view. Cases Referred to- Md. Abdul H..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....tending, inter alia, that the High Court Division overlooked that the Court of appeal below without noticing and considering Exhibit 13(2) Khatian No. 3232/1 relied upon by the trial Court came to an erroneous finding that the pre‑emptors were the co-sharers of the land sought to be pre&#...... 8. The admitted fact is that, property of holding No. 45(1) belonged to Abdur Rahman who died leaving sons Abdur Razzaque and Abdul Gafur Abdul Gafur filed partition suit No. 18 of 1954 and in view of the decree therein got in his saham land measuring, 335 aurjuthansa. The decree in the parti..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......d 28‑3‑1994 about his power to make local purchase addressed to the Ministry of Defence in reply to queries of other rather minimise the gravity of the negligence of the applicant. In our view, therefore the learned Tribunal has very correctly assessed the material on record in finding t..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ...... place of occurrence, the arms and ammunition were recovered from the possession of the arrested accused persons and they disclosed the names of their other companions who are the appellants. In such view of the matter, the appellants cannot be held to be in possession of any arms. Furthermore, the ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......e evidence by which the prosecution proposes to prove its case which in this case can be found in the enquiry report based upon which the complaint petition was filed. From the above we are of the view that the prosecution has made out a prima facie case and now the burden is on the accused to s..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......gland and problems in his urinary track and also suffering from mental tension and depression for being in custody for such an inordinate period of time. The learned Counsel further submits that in view of the alleged occurrence dated 14th August 1975 and the first information report having been ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of the parties, as they plead, in view of the concept and meaning of the provisions of sections 102, 103 and 104 of the Evidence Act..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......urt Division miserably failed to understand the legal position of an obligation under the contract of agency which is subsisting and there is also recurrence of violation from day to day, and in that view of the matter, the damages cannot be "equally efficacious" relief, as the decree for;..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......Ekrarnama and held that the Ekrarnama was genuine although, P.W 2 whose signature appeared in the Ekrarnama denied the same. 10. The learned Counsel for the appellant has submitted that in view of the evidence of P.W.2 categorically denying his signature in the Ekrarnama the Courts i.e. t..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......s, when the award is brought to the Court then the Court in its discretion may or may not grant interest on the awarded amount or part thereof as decreed till realisation. 14. In view of the above we are of the view that the appellant is entitled to interest on the awarded amoun..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......d be sufficient land for the construction of the ramps and that access to the building by the proposed acquisition would not be disturbed or totally vanished. This being the proposition we are of the view that High Court Division has committed no error in declaring the notice served under section 3 ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....of the said Enquiry Committee. 4. Mr. Sk Awsafur Rahman, learned Advocate appearing with leave of the Court for the petitioners, submits that the High Court Division acted illegality and erroneously in not considering, the real fact of writ petition including those that during SSC Exami......legal examinees of schools and thus he worked detrimental to the interest of the Board. An application was submitted by the Writ petitioner, before the respondent No. 2 on 21‑2‑1996 for reviewing the order dated 12‑11‑1995 stating that he was working as Deputy Controller of E..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......nt. 9. Admittedly, the suit land and the parties and the pleadings in both the suits filed by the plaintiff are same. Admittedly the cause of action is different. Now the question is, whether in view of the fact that the parties, the allegations, the reliefs and the suit land being the same, on..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....1) was allegedly signed by deceased Tofayel Ahmed on the same date of 16‑11‑1986 on a fresh or different letterhead which was in use by the appellant company in the eighties but the Company Judge erroneously did not ask himself as to why two different letterheads were allegedly used on the same ......application whereupon leave was granted to consider: "The learned Single Company Judge has erred variously in disposing of the matter. In that Exhibit A the undertaking was not scrutinised with a view to probing its genuineness in so far as it was signed by deceased Tofayel Ahmed on 16‑11‑19..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......forgery and fraud in filing petition for withdrawal of appeal having been brought to the notice of the Administrative Appellate Tribunal who erred in not holding an enquiry into the allegation upon a view that there is no scope for embarking upon the investigation; (ii) that a Court or tribunal has ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......ayee of the cheques and that cognisance having been taken upon examining a person other than the payee of the cheques the High Court Division erred in law in not quashing the proceeding as because in view of the provisions of section 141 of the Negotiable Instruments Act petition of complaint in cas..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326