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Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......icipated in the proceeding and expressed their valuable and considered views on the question of law that is involved. It is truly strange that a decision given by this court on a question of law in a dispute between two private parties should be taken to be binding on all courts in the country but t..Category: Constitutional Law | Date: | Hits: 289
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......ing house therein whereas in their affidavits-in-opposition the Government contended that the concerned plots are still vacant and possession of the same was never handed over to any body and thus disputed questions of facts having been raised, the Court sitting in writ jurisdiction, will n..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
.... was duly held and attended by the all directors of the respondent company. In the said meeting of the Board of Directors of the respondent company held on 18.08.2005 it was decided that the resolution passed and adopted at the extraordinary general meeting of the respondent company dated ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ..Category: Business or Commercial Law | Date: | Hits: 199
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... recover the plaintiff's money. It was also contended by the appellant that the fish exported by the plaintiff was not in accordance with the purchase order and the buyer and the seller were having disputes over the last few consignment as to the quality of the fish exported by the plaintiff and..Category: Business or Commercial Law | Date: | Hits: 178
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
....4 upon obtaining the enquiry report from the lower tier of the administration sent a recommendation to the said Ministry recommending such lease in favour of the writ petitioner on the basis of the resolution taken by the committee appointed for such purpose. Ultimately the Ministry of Land by t...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....Association for his own benefit depriving the respondent No.1 from the management of the company and there was no authority of the petitioner to change Articles 42 and 46 without further resolution of the sponsors and that since before incorporation of the proposed Memorandum and Artic......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ..Category: Criminal Law | Date: | Hits: 44
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......ourt Division and other connected papers on record. 8. The High Court Division in the judgment observed that the prosecution case was narrated by the P.W.1 Abdul Karim and there was no dispute that the accused Rustam Ali Khan filed Miscellaneous Case No. 94 of 1996-97 for cancellatio..Category: Criminal Law | Date: | Hits: 57
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......amental right may seek his remedy under Article102 of the Constitution but in all other cases he will seek remedy under Article 117(2) and that on the terms and the exclusive jurisdiction to hear the dispute and that in the instant writ petitions the petitioners did not challenge the vires of any ..Category: Criminal Law | Date: | Hits: 78
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ents to the effect “the respondents shall have the liberty to see the minors twice in a week at the residence of the petitioner or at a place to be agreed upon between the parties. If any dispute (seeing the minors) arises in this regard it will be taken care of by the Family Court&quo..Category: Family Law | Date: | Hits: 171
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....for teaching of B. Ed Course; then the defendant Nos. 1, 2 and 10, in collusion with the other defendants, holding a meeting of Managing Committee on 15.2.1999 and violating the Rules, took a resolution to the effect that the plaintiff is not entitled to get leave for a period of four month......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ..Category: Employment/Service Law | Date: | Hits: 66
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... 3770 of 2006 stating, inter alia, that 12 lecturers including the petitioners of the College got M.P.O. for the month of May, 1997. They completed 8 years of Service and the Governing Body took a resolution on 10.12.2005 to give promotion to the teachers in higher scale. The Managing Committee...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ..Category: Employment/Service Law | Date: | Hits: 57
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ....... on 11.11.1993 accused Monowar Hossain, Sanowar Hossain, Abdul Aziz, Moniar, Kashem, Shehab, Wahab, Kanal, Jamal armed with deadly weapons like ram dao, Fala, Iron, Dhai and Kachi entered into the disputed land wherein informant's brother Golap planted paddy, Golap's son Mahbub Hossain @ Madhu ..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......e paddy from 8 A. M. but his cousins including accused Hashem Sharif, Hanif Sharif, Motahar Sharif raised objection to the reaping of the paddy and proposed a Shahish for determination of the dispute over the land. The proposal was accepted, the reaping was discontinued and a Shal..Category: Criminal Law | Date: | Hits: 44
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......for cancellation of the four deeds on payment of ad valorem Court fees. 5. In the appeal that was tiled by the plaintiff the appellate Court found that the signatures of the plaintiff in the disputed kabalas are not in question. It was rather admitted that he signed the deeds but did not k..Category: Property Law | Date: | Hits: 34
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......hy;tions 465, 468 and 419 of the Penal Code. 2. The aforesaid C.R. Case was started upon a petition of complaint filed by respondent No. 2 alleging, inter alia, that in connection with the dispute relating to the land owned by him, he approached the appellant, being the headman of the vi..Category: Criminal Law | Date: | Hits: 50
MD, Foundation Engineer Shatu Ltd. Vs. Civil Engineer (RHD) Sarak Bahban, 2001, 30 CLC (AD)
.... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ......of a bridge over the river Atrai on a road. The work was completed in accordance with the terms of the work order and the appellant had to undertake additional works. Subsequently there arose disputes between the parties in respect of rates for the additional works extra cost for using Sylh..Category: Civil Law | Date: | Hits: 98
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......hy;nent employee shall be required to give one month's notice should he wish to resign from the service of the Corporation, but in the instant case there was no such notice. 6. There is no dispute that the respondent was a permanent employee of the Biman and that his service was reg..Category: Employment/Service Law | Date: | Hits: 95
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......idered the case of the plaintiff's possession and subsequent dispossession and found that the plaintiff has been able to prove his case. 5. The appellant Court below found that there was no dispute between the parties that Azhar Ali got in his share .7 acres in plot No. 197, khatian ..Category: Property Law | Date: | Hits: 33
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....n (Annexure-I), where he has clearly stated that he has filed the Freedom Fighter Certificate granted by the Ministry on 30-12-203 and that the petitioner purchased a part of marshy land, in their resolution dated 01-03-2004 proposed for cancellation of the allotment of the petitioner form ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......d the provision of Rule 6 and 7 of the Cinematograph Rules we are of the view that the impugned order restricting the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its ..Category: Civil Law | Date: | Hits: 128
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