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Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......ted his name and paid rent, that later on the order of mutation was re-called by defendant No.5. It is the case of the plaintiffs that the original owner Harihar Das had never left the erstwhile East Pakistan at material point of time and, as such, the property in suit had never assumed character of......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 156

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 36

Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......vocate-on-Record—For the res­pondents. Civil Appeal No. 29 of 1976 (On appeal from the Judgment and the  Order dated 4th May, 1970 passed by the erstwhile High Court of East Pakistan in Writ Petition No. 127 of 1970) Judgment Mahmud Hossain, CJ.—This appeal ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ......red To- Monomohan Roy Chowdhury Vs. Ajit Kamal Dutta, 6 DLR 267; Dr. Jamshed Bakht Vs. Md. Kamaluddin, (1981) 1 BLD (HCD) 97; AIR 1918 PC 102, 52 CWN 659, 39 CWW 934, 6 DLR 267, 17 DLR (West Pakistan) 26, 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For th...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 266

Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)

....sis of having at any time been in the service of Pakistsan, purports to claim any right to employment in the service of the Republic, but does not include any person who- (i) is a member of any defence service  ii)... (iii)... (iv)........man after the former had already retired from the Army and the latter was on leave preparatory to retire­ment. 5. Capt. (Retd.) Syed Abu Naser Muhammad Okba was commissioned in the then Pakistan Army in May 196.7. With the emergence of Bangladesh as an independent country he con­t......yed Abu Naser Muhammad Okba and Lt. Col. (Retd.) Mohammed Zainul Abedin were in employment of the defence services and took employment under the Biman after the former had already retired from the Army and the latter was on leave preparatory to retire­ment. 5. Capt. (Retd.) Syed Abu N..

Category: Employment/Service Law | Date: | Hits: 103

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......s of law. If a document is not stamped at the time al which the law requires it to be stamped, the only result would be that it would not be duly stamped. For instance, if a pronote executed in Pakistan is stamped not at the time of its execution but afterwards, it will be a document not dul......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..

Category: Property Law | Date: | Hits: 118

Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)

....he Presiding Officers. As such the declaration of one candidate as elected Chairman is without lawful authority. Consequently, the publication of the election of Chairman is also invalid. Election of members of Ward No. 2 & 3 not being connected with the remaining Ward No. 1, is valid. Even if e......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..

Category: Election Law | Date: | Hits: 126

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......ecree of the Subordinate Judge, 3rd Court, Dhaka passed in Title Suit No. 269 of 1987. 2. The facts leading to these appeals are that one MA Naser, a Film Producer and Distributor in the then East Pakistan, took a loan of Tk. 40,000/- from the House Building Finance Corporation, de­fendant No. 1......gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

.... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... money did not involve his mother and that the suit land would be required for accommodating his sister and her hus­band on being posted back to Chittagong by Janata Bank following repatriation from Pakistan. Defen­dant No. 2 offered to return the earnest money of Tk. 10,000/-. The appellant alleg...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..

Category: Property Law | Date: | Hits: 50

M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)

.... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ......uffer any irreparable loss and injury as such plaintiffs are not entitled to temporary or mandatory injunction. ..............(14)  Cases Referred To- M.A. Naser Vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Humayun Vohra Vs. ESPN Star Sports and others, 8 MLR A...... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ..

Category: Business or Commercial Law | Date: | Hits: 100

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......orak Company which used to deal in Jute and in the matter of construction of Jute Godown and excavation of canal; that subsequently the said company become defunct; and the then Government of East Pakistan, filed three certificate cases Nos.3 of 60-61, 9 of 60-61 and 12 of 60-61 against the said......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 40

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......uence that in that case Article 34 is rendered otiose altogether, for, the same relief can be had under both the Articles. 9. In Ocean Industries Ltd. Vs. IDBP 18 DLR (SC) 354 the Supreme Court of Pakistan considered sections 39, 40 and 41 of the Industrial Development Bank of Pakistan Ordinance,......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..

Category: Banking Law | Date: | Hits: 117

B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)

....ission dated 29.3.88 to the effect "Seen, we may accept result as given in the Centre and no re-poll be taken in Joygunnessa High School Centre." It appears that the Chief Election Commission and the member en­dorsed the view on 31.3.88. Dr. Kamal Hossain can­vassed that this power could not be de......ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...

Category: Election Law | Date: | Hits: 146

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......a, that the land in suit (ka schedule land) belonged to Amioyo Nath Sarker and other sons of Anadi Nath Sarker, that the said owners during the communal disturbance of 1961 left the erstwhile East Pakistan and went to Murshidabad, West Bengal, India, that plaintiff was the resident of village Sh......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......aluddin Ahmed, 37 DLR (AD) 27; Md. Ismail Serang vs. Munshi Ali Hussain and others, 6 DLR 641; Government of Bangladesh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation of Pakistan, PLD 1967 Lah. 204. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Reco......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..

Category: Property Law | Date: | Hits: 41

Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)

.... leave of 697 days on the full average salary and similar benefit of 896 days of half average pay; that after deduction of encashed leave he claimed leave salary for 32 months 3 days; that he was a member of the provident fund scheme wherefore he is entitled to get Tk. 63,673.64; that he had opt......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 136

Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)

....rajgonj for cancelling the result of the election of Ward No.6, 7 of Mesura Union Parishad under Police Station and District-Sirajganj after recounting of the ballot papers and to declare him as a member in place of declared candidate stating, inter alia, that election was held for the post of Ch...... stay granted earlier shall con­tinue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ...... stay granted earlier shall con­tinue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..

Category: Election Law | Date: | Hits: 111

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ailed to prove their possession in the suit land are cor­rect. 11. It is also not disputed that the plaintiffs did not approach the authorized officer of the Government of the then 'East Pakistan now Bangladesh i.e.(The Deputy Commissioner concerned) for regularization of the exchange ......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)

....ent No. 2 Registrar, Bangladesh Madrasha Education Board by office order dated 28.04.2002 formed an ad-hoc committee for six months with effect from 18.04.2002. The ad-hoc committee consisted of 5 members with the Upazilla Nirbahi officer as Chairman and principal of the Madrasha as its Secretar...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Constitutional Law | Date: | Hits: 139