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Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......f a relationship that exists between co-sharer tenants of a holding or land which confers a benefit on the one and obligation on the other. Tracing the background of the law of preemption the Privy Council has said in more cases than one that the law of pre-emption was introduced in undivided Indi..Category: Property Law | Date: | Hits: 47
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......t they did not appear in the said salish. On the following day i.e. 5.12.82 at about 8 a.m. the informant along with his younger brother Nabir Uddin and cousin Abdul Gafur were going by the Union Council road in search of labour and while they reached to the east of the house of Maziruddin the a..Category: Criminal Law | Date: | Hits: 65
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. ...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 33
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....ns but the appellant obtained the leave granting order through incorrect submissions and the appeal having no merits is liable to be dismissed. 8. Considered the submissions made at the Bar and perused the materials on record. At the time of granting leave it has been observed:......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....d as such the trial court rightly rejected the application for stay and the High Court Division in its turn discharged the rule illegally. 10. We have considered the submissions made at the Bar and perused the materials on record. 11. On perusal of the plaint of Title Suit N.o.64 o...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......llege established under Section 3". 9. The plaintiff filed the suit impleading Principal, Pabna Cadet College, Pabna, Bangladesh as defendant No. 1 and the Chairman, Cadet College Council and Adjutant General Bangladesh Army Adjutant Branch, Bangladesh Army Head Quarter, Dhaka a..Category: Employment/Service Law | Date: | Hits: 113
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
....tting by the Chairman was without jurisdiction and as such the order passed by the High Court Division does not suffer from any illegality. 7. We have considered the submissions made at the Bar and perused the materials on record. The submissions made on behalf of the petitioners merit co...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......d the name of the persons involved in the incident. From defence side it was contended that the whole case was initiated at the instance of P.W.3, since the accused persons canvassed during the Union Council election against the P.W.3 who was a candidate for the office of the Chairman of the local U..Category: Criminal Law | Date: | Hits: 44
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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......sferee in good faith and without notice of the original contract for valuable consideration. 11. This provision of law has been the subject of interpretation in two decisions of the Privy Council, namely, Bhup Narain Singh vs Gokul Chand Mahton AIR 1934 PC 68 and Shankarlal Naraya..Category: Property Law | Date: | Hits: 41
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......harter of 1970 to amend, add or revoke the provisions of original Charter of 1908 by a majority of not less than two-thirds of persons present and entitled to vote thereon at a General Meeting of the Council and any such amendment, addition or revocation shall lake effect when allowed by the Queen o..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....sion, 40 DLR 459; Haji Sultan Ahmed 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 ......e considering whether the civil Court's jurisdiction stood ousted by section 26 of the UP Ordinance read with provisions thereof and the Rules made thereunder, has referred to a decision of the Privy Council in the case of Secretary of State Vs. Mask & Co., 44 C.W.N. 709 wherein it has been st..Category: Election Law | Date: | Hits: 173
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....e and as such the plaint was liable to be to be rejected. 11. Mrs. Sufia Khatun learned Advocate-on-Record opposed the petition. 12. We have considered the submissions made at the Bar and perused the materials on record. 13. It has been submitted on behalf of the petiti......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
.... in our jurisprudence. Jurisdiction of a Court means the extent of the authority of a Court to administer justice prescribed with reference to the subject matter, pecuniary value and local limits. Barring cases in which jurisdiction is expressly conferred upon it by special statues, e.g. the Com...... Criminal Procedure which is in similar terms as in section 151 of the Code of Civil Procedure provides for saving of inherent powers of the High Court Division. The Judicial Committee of the Privy Council in the case of Khawaja Nazir Ahmed AIR 1945 PC 18 observed in respect of section 561A Cr.P..Category: Civil Law | Date: | Hits: 119
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55