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Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-opera­tive Office, Rajshahi & ors., 2005, 34 CLC (AD)

.... Krishak Samabya Samity Ltd. has been shown as a voter in Block-8 at serial No.11. According to Rule 16 of the Co-operative Societies Rule 1978, the election Committee was appointed consisting of 3 members head­ed by the Upazilla Co-operative Officer, Khetlal, Joipurhat. The committee declare......e fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..

Category: Constitutional Law | Date: | Hits: 162

Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)

....e Trust (BLAST) and Ain-o-Salish Kendra (ASK) is said to have been involved in public interest litigations and already filed a few cases in both the Divisions and being an Advocate and a concerned member of the civil society felt that the issues raised in the writ petition hav­ing constituti......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Others | Date: | Hits: 97

Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)

....ff-opposite party is a stranger purchaser.......In the instant case, it is found that the suit land is a contiguous parcel of an undivided homestead upon which house of the defendant No.1 and other members of his family is situated. Though the suit land is stated in the kabala as chala land, it i......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 44

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)

....p to the end of their tenure but however as regards election/reelection in their posts the provisions of section 15 (Ka Ka) of the Bank Companies Act, 1991 will apply and further not more than one member of a family will be entitled to be a Director of a banking company and that "member of ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 99

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

.... denied that he did not see Shaiakh Abdur Rahman in the meeting or that he was not present in the meeting. In cross-examination he also reiterated that he saw Bangla Bhai in the meeting. He did not remember the date of the meeting. He stated in cross examination that the meeting was attended by 10/1......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 109

NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Compa­ny (BD) Ltd., 1990, 19 CLC (AD)

....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......2. In the judgment of the courts below the suit property has been referred to, as residential "quarters". It is one of the flats of a building which was constructed by the Government of the then East Pakistan for providing residential accommodation to the displaced persons who had migrated from Indi......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..

Category: Property Law | Date: | Hits: 40

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dha­ka, Bangladesh and others, 1989, 18 CLC (AD)

....as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......unicated to him by memo dated 26.1.81 was illegal, void, etc. and he was still in the service of the Sonali Bank, Bangladesh. It is not dis­puted that the petitioner joined the then National Bank of Pakistan in the year 1963 as Junior Clerk, that while he was serving as a Branch Manager at Rajshahi......as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..

Category: Employment/Service Law | Date: | Hits: 98

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. ...... in this case. …………(14 & 20) Cases Referred to- Collector of Central Excise and Customs Vs. Azizuddin Industries Ltd., PLD 1970 (SC) 439; M. Afzal and Sons Vs. Federal Government of Pakistan, PLD 1977 (Lahore) 1327; BLD 1981 (AD) 91; AIR 1968 (SC) 718; AIR 1979 (SC) 621; PLD 1970 (...... 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

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

....wn of Pak Army in 1971. The appellant also made good his escape to Tripura in 1971. In January, 1972 the appellant came back and occupied the disputed homestead where he is living now with his family members. The R.S. Khatian has been wrongly prepared in the name of Surya Kumar. He demands 8 as. sha......f. Hence on all counts we find that the im­pugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......nt has since mar­ried and had been living with his wife at Comilla town elsewhere. Surya Kumar died in April, 1971 and his heirs, the defendant-respondents, went to Kachar following crackdown of Pak Army in 1971. The appellant also made good his escape to Tripura in 1971. In January, 1972 the appel..

Category: Tenancy Law | Date: | Hits: 169

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....a Bank Limited. That respondent No.3 proposed and invited the petitioners during the initial state to subscribe in the sponsors share capital and to accept 3 Directors position (from among the family members of the petitioner) of the proposed Jamuna Bank Limited and the peti­tioners duly accepted t......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

.... connection Mr. Islam submits that the allegations made by the writ petition­er before the departmental promotion com­mittee was enquired into by an enquiry com­mittee consisting of two members-a Joint Secretary of the Ministry of Finance and a Deputy Secretary of the Ministry of Ship...... Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

....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. ......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. ......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

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. ...... 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. ......;. 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 as defendant No. 2. 10. As the law..

Category: Employment/Service Law | Date: | Hits: 113

Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)

....al remedy and no use­ful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......al remedy and no use­ful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......al remedy and no use­ful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)

....d he will not be entitled to enjoy the benefit of his share that would accordingly fall to be expended for the upkeep of a Mosque and a Dargah. The petitioner in Writ Petition No.7569 of 2005 is a member of the First Group, the petitioner in Writ Petition No. 7189 of 2005 is a member of the Seco......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 199

Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..

Category: Administrative Law | Date: | Hits: 125

Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

....s incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated directors and Group-D member of general public. The Bank had four foreign sponsor-directors in Group-B, who live outside ......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