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Displaying 1961-1980 of 2569 results.

Munshi Md. Rashed Kamal Vs. Abdus Salam and anoth­er, 2005, 34 CLC (AD)

.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ....... Mr. Abdur Razaque Khan, learned Additional Attorney General appearing on behalf of the state, the respondent No. 2 attempted to support impugned judgment and order. He submitted that the cause of action should be presumed to have arisen with the service of notice after a cheque was dishonoured..

Category: Criminal Law | Date: | Hits: 42

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. ...... seeking permission to withdraw the letter of resignation and consequent there­upon as the letter of resignation lost its effect and the respondent deemed to be in the service of the Biman the action of the appellant in accepting the letter of resigna­tion was without lawful authority. ..

Category: Employment/Service Law | Date: | Hits: 95

Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)

....ind 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) 419. ......egative approach and the appellate Court does not at all bother to see that report. That in respect of the question of limitation, the High Court Division held that previously there was no cause of action for the plaintiffs to file any suit since they were not disturbed by any body and the decisi..

Category: Property Law | Date: | Hits: 31

Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)

....there 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) 383. ......ndant petitioner was required to repay the entire loan within 7.9.03 but he failed. 3. The defendant filed written statement on 19.08.04 contending that the suit is bad for want for cause of action and also for want of statements of accounts and claim of the plaintiff is based on false and..

Category: Civil Law | Date: | Hits: 95

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. ......y in the instant case in placing the respondent No.2 in the management of the cinema House in deprivation of the appellant has although taken apparently a cause noble at the first instance but if the action of the respondent Nos.1-3 are considered con­jointly then it is quite clear that respondent ..

Category: Civil Law | Date: | Hits: 128

Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)

....gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......r the  circumstances the respondents filed the aforesaid writ petition in the High Court Division challenging the impugned letter dated 24.3.1999 threatening the respondent company with legal action. The High Court Division of hearing both sides made the rule absolute on the ground that th..

Category: Banking Law | Date: | Hits: 100

Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)

.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......ore than twelve years when he failed to acquire title by virtue of a kabala intended to be executed and registered by the real owners, Guru Doyal or his heirs, defendant Nos.1-6; that the cause of action of the suit for the plaintiff arose on the service of notice of sur­render upon him as i..

Category: Property Law | Date: | Hits: 22

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

....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.......ided in the Judicial hierarchy or by special tribunal." 7. Leave was granted to consider the submission that both the Tribunals below fell into an error in overlooking completely that the impugned action was taken against the respondent upon an independent enquiry under the aforesaid Rules of 197..

Category: Administrative Law | Date: | Hits: 144

Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)

....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......laintiffs had been in possession of the land since the exchange. The defendant had surreptiously raised a tin-shed thereon on 20 July 1962 and thus dispossessed the plain­tiffs giving cause of action for the sun. 4. The defence was that the defendant had leasehold right in 16½...

Category: Property Law | Date: | Hits: 36

Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)

.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......e Appellate Tribunal did not at all consider this aspect of the case, The learned Deputy Attorney General sub­mits that there was no lack of authority and power on the part of the Government to take action against the respondent and hence wrong quoting of the Rules of 1984 in place of the Rules of ..

Category: Administrative Law | Date: | Hits: 105

Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)

....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......ce the provi­so to Section 15 vests the final authority in the Government, it was a local authority within the meaning of Section 3(28) of the General Clauses Act, 1897 and as such the impugned action of the said society could be reviewed judicially by the High Court Division under Article 1..

Category: Others | Date: | Hits: 224

M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)

....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ...... Medical Dictionary, Edition 28, defines "peptic ulcer" as follows:  "An ulceration of the mucous membrane of the esophagus, stom­ach, or duodenum, caused by the action of the acid gastric juice."  7. Dr. Rafiqur Rahman submits that sec­t..

Category: Labour and Industrial Law | Date: | Hits: 72

Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)

....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......arred by limitation. 4. The trial court dismissed the suit on the findings inter alia that the plaintiffs had failed to prove their title, possession and disposses­sion, that they had no cause of action for the suit and that the suit was not maintainable. 5. The plaintiffs appealed to the lea..

Category: Procedural Law | Date: | Hits: 36

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

.... 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. ......mmittee which is in violation of regulation 16(Ka). It was further held that Regulation 16(Ka) clearly provides that only the Governing Body has the authority and jurisdiction to take disciplinary action against any teacher on an allegation of professional misconduct or moral turpitude and the ..

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

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. ......ice on medical grounds for 76 days, 69 days, 131 days and 211 days respectively. By an office memo dated 28.1.89 the concerned authority issued a notice of caution against him for warn­ing that action will be taken against him in accordance with law for any future absence from duty giving a ..

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

Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)

.... plaintiff this appeal is directed against the judgment and order dated 17.04.1995 passed by a Single Judge of the High Court Division in Civil Revision No. 842 of 1990, under section 25 of the Small Cause Courts Act, making the Rule absolute and consequent thereupon setting aside the judgment and d......ccupation of the plaintiff after rebuilding of the same. 4. The suit was contested by the tenant respondent by filing a written statement. His case inter alia is that the plaintiff had no cause of action in the suit because the tenant defen­dant had paid a sum of Tk. 5,000/- as security money vi..

Category: Tenancy Law | Date: | Hits: 175

Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)

....f the powers con­ferred by section 20 of the Ordinance was pub­lished in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......ame to enable him to leave Italy and report to Dhaka. In the midst of the aforesaid correspondence Mr. Moshfiqur Rahman, Vice- Chairman of writ-petitioner to show cause as to why discipli­nary action should not be taken against him for his absence without leave inspite of rejection of his le..

Category: Employment/Service Law | Date: | Hits: 105

Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)

....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......icial Gazette. 6. The Government of East Pakistan there­after tried to take over possession of the disput­ed properties with effect from 14 April, 1964. The plaintiff challenged the action in Writ Petition No. 146 of 1964. After having failed to obtain any relief therein he prefer..

Category: Property Law | Date: | Hits: 43

Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......an authorized person but as well came to a wrong finding that the reason for impounding the passport fits in with the provisions of the Bangladesh Passport Order without considering that the impugned action was taken in violation of mandatory requirements of Article 7(4) of the Bangladesh Passport O..

Category: Constitutional Law | Date: | Hits: 208

Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)

....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......described in the Schedule to the said Act. In the Schedule Sonali Bank is mentioned as one of the statutory public authorities. The petitioner was in the service of Sonali Bank and his cause of action is against his employer and not against his appointing authority or appellate authority. Th..

Category: Administrative Law | Date: | Hits: 124