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Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....nger in force. The submission of the learned Advocate is not based on correct fact as it is found from the record that the appellate order rejecting the appeal was passed on 2nd November, 1983 (vide resolution of the Ministry of Law and Land reforms, pages 75-77 of the Paper Book). Mr. Hossain has ......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...

Category: Administrative Law | Date: | Hits: 144

Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)

....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......t;decision" of the District Judge means final adjudication pronouncing judgment on the merit of the appeal which does not include the order of dismissing appeal in default. He submits that the dispute is of Civil nature and the District Judge's acts not as a persona designate but as a Court ..

Category: Trust/Waqf Law | Date: | Hits: 226

A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)

....ody, headed by the 'former member of parliament and an application was made to the then Minister for Education on 27.12.2001 by one Kazi Momtaz Shirin who was removed earlier from the college by a resolution of the Governing Body. A notification dated 20.05.2002 was sent from the National Univer...... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ..

Category: Employment/Service Law | Date: | Hits: 74

Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)

....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......uisition and Tenancy Act 1950. 10. Mr. Alam further submits that the lower appellate court having held that the plaintiff could not prove by producing the gazette notifi­cation that the disputed plot is a part of Government "reserved forest and accordingly the learned Additional ..

Category: Property Law | Date: | Hits: 35

Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)

....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......e concerned authority gave a detailed account of the conduct of respondent No. 2 in availing of leave frequently since 1986 till he was discharged from service on 27.12.89. Respondent No. 2 did not dispute the correct­ness of such statement of the mill authority. It can safely be said that t..

Category: Employment/Service Law | Date: | Hits: 100

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......ection (2), if presented within ninety days from the date of such order, shall lie to the High Court, whose decision shall be final." 5. Mr. T.H. Khan learned Advocate for the respondent does dispute this position of law, but he contends that the subject matter being the same and the forum o..

Category: Procedural Law | Date: | Hits: 112

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......gments of this Court in Civil Appeal Nos. 63, 64 and 65 of 1982 and Criminal Miscellaneous Revi­sion No. 8 of 1982, they may be looked into for this purpose. 4. The three appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partner­ship registered ..

Category: Constitutional Law | Date: | Hits: 149

Planters (Bangla­desh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)

....nies Ordinance, section 4 of the Bankers Evid­ence Act, 1891 and the entries in the books of the plaintiff Bank regularly kept in course of business were relevant and also that D.P. notes, the resolution of the defendant comp­any, Ext.3, letter Ext.3 (b),certificate under section 114 of ...... for Rs.4 lacs on one account and this account is still outstanding with interest”. This admission refers to the loan advanced by the plaintiff Bank which is the subject matter of the present dispute. It may be mentioned that defendant No.2 was at the relevant time also one of the Director..

Category: Business or Commercial Law | Date: | Hits: 139

Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)

....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... the Penal Code in ad­dition to the common charge under sections 147 and 443. So far his conviction under the common charge under sections 147 and 448 of the Penal Code is concerned there is no dispute, and he has been rightly convicted under those sections. Now the question is whether his co..

Category: Criminal Law | Date: | Hits: 57

Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)

....Ali Mondal under section 302 of the Penal Code, and the sentence of transporta­tion for life passed thereunder is confirmed. Ed. This Case is also Reported in:  37 DLR (AD) 87. ......mstantial evidence as adduced by P.Ws. 1, 2, 3, 4 and 8. P.W.1, Md. Nowsher Ali stated in his deposition that the deceased had enmity with accused Hazer Mondal, Wazed Ali and Abbas over land dispute. P.W. 2 Md. Yusuf Ali Biswas, stated in his deposition that a few days before the mu..

Category: Criminal Law | Date: | Hits: 52

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ......er the sale-deed dated 30-1-58 was valid and as such the plaintiff derived no title by subsequently purchasing in auction the same land. The suit was accordingly dismissed. 19. There is no dispute that the original judgment, debtor, Jagadish Chandra Das was a rent-receiver whose rent-rec..

Category: Others | Date: | Hits: 86

Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)

....here 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) 338. ......am, Jahangir Alam, Nizam Sheikh, Wahidul Islam, Hannan Sheikh, Rukunuddin and Borhanuddin Mollah being armed with weapon including bhela entering into the land of the victim, over which there was a dispute, occupied the same and on hearing the same the victim told Mohar Ali that action against a..

Category: Criminal Law | Date: | Hits: 38

Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)

....e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......t of rent for the month of January 1996 without holding that already there was default for payment of rent for the months of December 1990 and January 1991 to March, 1991. He further submits that the dispute regarding genuineness of Challan Ext. G-9 having not been raised in any form before S.C.C. J..

Category: Tenancy Law | Date: | Hits: 172

Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)

....t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ......egations of respondent No. 2. Their case, inter alia, is that I.R.O. Case No. 43 of 1989 is not maintainable, in view of the fact that the same was not instituted in relation to any indus­trial dispute or in the manner prescribed therefore, as provided in Section 43 of the IRO, that the compl..

Category: Labour and Industrial Law | Date: | Hits: 105

Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ....... In order to build the Kurmitola International Airport in Dhaka the Deputy Commissioner, Dhaka initiated L.A. Case No. 110 of 1965-66 respecting 46.92 acres of land of Mouza Faydabad including the disputed plot Nos. 1311, 1312, 1313, 1314, 1315, 1323, 1326, 1330, 1345, 1362 and 1366 (measuring ..

Category: Property Law | Date: | Hits: 28

Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)

....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......ial court, lower appellate court or before the High Court Division or for the purpose of adducing any new evidence left out by either party required for effective adjudi­cation of the matter in dispute. The direction of the High Court Division to the lower appellate court is to write out a f..

Category: Property Law | Date: | Hits: 31

Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)

....y the respondents should not be directed to implement Brahmpur Mouza near Boharampur Bazar to be selected for the construction of newly Dohakul Union Parishad Complex in accordance with the formal resolution passed unanimously by the members of the Union Parishad and as per instruction of the ci......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) 297. ..

Category: Others | Date: | Hits: 87

Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)

....sfer to Bangladesh Agricultural Institute. He next submits that subsequently the Sher-E-Bangla Nagar, Agricultural university having absorbed the writ petitioner in the service of the University by resolution on the first day and the petitioner having accepted the same without objection, he canno......ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 89

Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)

....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......ff offered the balance of the consideration money several times within the stipulated period and hence the suit. 3. During the pendency of the said suit the respondent No.1 (defendant No.15) disputed the signature of the vendor on the Bainapatra and prayed for opinion of handwriting expert..

Category: Property Law | Date: | Hits: 36

Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and oth­ers, 1999, 28 CLC (AD)

....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......e High Court Division in Writ Petition No. 2042 of 1994 discharging the Rule. 2. The appellants obtained sanction for a plan from RAJUK to construct a 10-storied building on 16-11-89 in the disputed land which was purchased by them from Anwar Rahim, Akhter Rahim, the two brothers and thei..

Category: Property Law | Date: | Hits: 35