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Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....es. In Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213 where a new point, not mentioned in the petition, was allowed to be raised when accuracy of factual basis of statement was not disputed. In RJ Singh Vs. State of Delhi AIR 1971 (SC) 1552 (1553) a jurisdictional point as to whet..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....impugned orders of the CMLA passed in review, it is necessary to reiterate the position in law which is, fortunately, already settled and the learned Additional Attorney‑General has not also disputed the same. Paragraph 19 has been added to the Fourth Schedule of the Constitution under Art..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....used due to the suspension of the work for 47 days; they held the appellants responsible for this partial breach of the contract since, in terms of the contract, the appellants were bound to give undisputed possession of the site of construction. The compensation claimed in Bill No. 1 was estimat..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....ted the case by filing a written statement. It was asserted, inter alia, that in the inquiry it was proved that the respondent was guilty of gross negligence and serious irregularities in opening the disputed letters of credit in the name of fictitious persons causing huge loss to the Bank, that he ..Category: Administrative Law | Date: | Hits: 143
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ion for loss of business for non payment of the balance of the price of goods supplied by the plaintiff to the defendant, and as such, the question as to interest is not of much relevance. 2. The disputed questions as to facts of the case have been concluded by concurrent findings of the trial C..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... of release, as it was not provided under any law. 9. The High Court Division observed in the impugned judgment that while considering the legality of the impugned order "we shall not go into the disputed questions of fact which might have led the petitioner (respondent herein) to make the appli..Category: Employment/Service Law | Date: | Hits: 126
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....anised on junior and senior scale arrangements as referred to in Rule 3(a); but there is no evidence to show that their service was not earlier organised on this basis. It is their case, which is not disputed, that some of them were promoted to the post of Executive Engineer on the scales of Taka 85..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....sent case. This practice is surely not a sound one and must be discouraged except in marginal cases. When the delay is long and requires to be explained with reference to facts which are likely to be disputed, the court must make the exercise under section 5 of the Limitation Act before admitting th..Category: Procedural Law | Date: | Hits: 121
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....uot; within the meaning of Article 102 of the Constitution, has no locus standi and no legal right of the petitioner has also been infringed and the allegations involved in the writ petition being disputed question of facts cannot be decided in writ jurisdiction. 4. The respondent No. 5..Category: Environmental Law | Date: | Hits: 293
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....ellip;……… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the r..Category: Property Law | Date: | Hits: 67
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....eard Mr. Md. Aftab Hossain the learned Advocate-on-Record for the petitioner in both the petitions and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the petitioner's father was a tenant in the premises in respect of 106 square feet at ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....ned Counsel for the appellants and Mr. Mahmudul Islam, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 10. It is not disputed that the pre-emptor is a co-sharer by inheritance in the case holding and the case is not ..Category: Property Law | Date: | Hits: 64
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....aintiff only to frustrate the deal and being conscious of such fact he had not taken any ground in the memorandum of appeal and there being other evidence on record with regard to execution of the disputed kabala and theft thereof by the defendant relied on by the lower appellate Court the decis..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....the aforesaid fact while examining the question of limitation it was observed "the transfer in question, was compulsorily registerable and that being the position it cannot be doubted that the disputed transfer was not complete until registration was effected. It follows, therefore, that th..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....e possession of the house in question to the writ petitioner. 5. Leave was granted to consider the submissions that the Court of Settlement having found upon evidence that the owner of the disputed house Sk. Shamsuddin was not traceable after the war of liberation and there was no eviden..Category: Property Law | Date: | Hits: 77
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....ouse could be expected to witness the occurrence. PWs 2, 3 and 4 corroborating PW 1 in recognising and identifying the assailants Yogeshwar and Subhash Gope cannot be said to be improbable. It is not disputed both the appellants and the informant were closely known to each other from long before. Wh..Category: Criminal Law | Date: | Hits: 47
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....ellants and Mr. Md. Nawab Ali, the learned Advocate-on-Record for the respondent and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 7. It is not disputed that the respondent while working as Thana/Upazilla Planning Officer, Bamna Upazilla, Dist..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....ty of cigarette cartoons numbering one and a half (1.5) lac together with certain other undeclared prohibited goods. High Court Division has undoubted exceeded its jurisdiction in deciding certain disputed questions of fact in exercise of its jurisdiction in certiorari. 15. In view of th..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ovocation caused the death of the victim. In the afore state of the matter it was submitted by the learned Counsel that although death is an undenied fact and the fact of death of the victim is not disputed by the condemned prisoner, but as the same was caused having had lost the power of self-c..Category: Criminal Law | Date: | Hits: 59
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....the students of Madrasah; that the defendant Nos. 1-3 (petitioners and respondent Nos. 16-17 herein) have been trying to construct and start a cinema hall within the vicinity of the locality of the disputed plot and are trying to obtain a licence from the Deputy Commissioner. Kishoreganj for runn..Category: Property Law | Date: | Hits: 69