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M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
.... of credit being a condition precedent for payment under the letter of credits dated 28.9.1999 and 12.10.1999 but nothing could be placed before us to show any condition precedent or that there was a legal condition for prior satisfaction of the amount under the master letter of credit prior to the ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
....d Sobhan that without this findÂing of fact being reversed, which being a quesÂtion of fact could not be disturbed under the revisional jurisdiction, the order for temporary injunction could not be legally passed by the learned Single Judge of the High Court Division. Mr. B.B. Roy Chowdhury, learn......onÂdents has found it difficult to answer the contention raised by Mr. Ahmad Sobhan. He, however, submits that the order of the learned Single Judge is in substance an order for mainÂtenance of the status quo. But a reading of the order indicates otherwise and so the conÂtention of Mr. Ahmad Sobh..Category: Property Law | Date: | Hits: 78
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......ndu Law does not make any distinction between a natural son and adopted son in the matter of inheritance, whether it is in the application of personal law or secular law, the adopted son has the same status with the natural son. The learned Judges of the High Court Division have taken the correct vi..Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of ReveÂnue and others, 2010, 39 CLC (HCD)
....security against their direct formal demand of Taka 2,75,42,815.02 for approving the name change of the petitioner should not be declared to have been made without any lawÂful authority and is of no legal effect and also as to why they should not be directed to release the bank guarantee No.101TS12......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at libÂerty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....It has further stated that the petitioner misÂerably failed to prove its case and the respondent No.2 by oral and documentary evidence proved the case and, as such, the Labour Court committed no illegality in allowing the complaint case and, as such, Labour Court committed no illegality in allo......, cannot come within the definition of estabÂlishment/industry as described in the Industrial Relation Ordinance, 1969. He submits that the Labour Court failed to appreciate the legal position and status of the petitioner as well as failed to consider that the Labour Court has no jurisdiction to ..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....he learned 1st Appellate Court committed gross error interpreting the facts in this regard. Plaintiff-appellants are not party to the deed Exhibit A and, as such, are entitled to call in question the legality of registration of the sale deed Exhibit A. The 1st Appellate Court wrongly held the plaint......ssions of the learned Advocate have sufficient substance that the Appellate Court failed to reverse the findings of the trial Court on material points as to maintainability of the suit and also as to status of the Exhibit 2 the kabala dated 17-11-1972 and, as such, it reveals that the judgment of th..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....he case land. He finally submits that the judgments and orders passed by the Courts below in allowing the case in favour of the opposite party No. 1(first party) do not suffer from any infirmity or illegality warranting interference of this Court and the Rule, thus should be discharged. 12. Mr. Z......g the case land. 4. Considering the enquiry report the Chief Metropolitan Magistrate by his order dated 28-5-1997 drawing proceedings under section 145 of the Code directed the parties to maintain status quo in respect of possession of the case land and also to file their written statements. By t..Category: Criminal Law | Date: | Hits: 122
....²à¦¾-২০০০’ (hereinafter referred to as Rules of 2000) and also for declaring some notifications issued by the respondents regularizing the services of the petitioners as per Rules of 2000 illegal.
4. The material case of all the writ-petitioners is that after nationalization of their re......the writ petitioners were transferred to other Government Colleges. In all the four writ petitions the petitioners sought for a direction upon the respondents to fix up their seniority, pay, rank and status as per "The Teachers and Non Teaching staff of Nationalized Colleges (Directorate of Public I..
Category: Employment/Service Law | Date: | Hits: 133
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....corded in the khas khatian of the government and taking advantage of this wrong recording of the suit land the defendant No.12 and many others took settlement of the suit land from the govÂernment illegally. 3. The defendants, in different sets conÂtested that suit. Their material case was that....../- for each case is to be deposited within 1 (one) month. The petitioners are permitted to preÂpare the paper book out of Court in accorÂdance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Repo..Category: Property Law | Date: | Hits: 68
....te in part declaring that the impugned order of termination as conÂtained in memo No. AD M/S FC/P-1181/758 dated 29.03.2004 (Annexure-C to the writ petition) to be without lawful authority and of no legal effect.
2. The facts of the case, in brief, are that the writ petitioner, respondent herein...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368...
Category: Employment/Service Law | Date: | Hits: 180
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
.... appears - for the opposite parties. Civil Revision No. 4269 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued calling in question the legality of judgment and decree dated 29.11.1988 passed by the Subordinate Judge (now Joint District......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 87
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....l Revisional Jurisdiction) Present: Md. Ruhul Quddus J Sree Binoy Krisna Saha and others...........................................Petitioners Vs. Sree Reboti Mohon Saha being dead his legal heirs Sree Rathindra Mohan Saha and others ...Opposite Parties Judgment November 21, 201......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....on making the rule absolute declaring that the impugned Memo No.2(14) Customs-8/90/307 dated 8.2.1996 vide Annexure-C of the Writ Petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permission to the respondent (writ petitioner) t...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....f appointment at Sterilizer and was appointed and as such he worked for long period as Sterilizer. 3. The appellants contested the rule filing affidavit-in-opposition stating that the authority illegally appointed persons including the respondent and after detection of the irregularities and bun......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 155
....dge framed the following issue:-
1) Is the suit maintainable in its present form?
2) Is the suit barred under section 42 of the Specific Relief Act?
3) Whether the defendant No. 1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974?
4) Whether the defendant......he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 113
.... Quiyum, Advocate - for opposite party No.1.
Civil Revision No. 734 of 2011
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of the substituted defendants, was issued to examine the legality of order dated 7.2.2011 passed by the Joint District Judge, Second Court, Dhaka in Title Su......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
..... 678 of 1999. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and decree dated 28.9.1998 (decree signed on 5.10.1998) passed by the Subordina......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam ChowÂdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preÂemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......ltural Tenancy Act. At the hearing of the appeal the learned Advocate appearing for the appellant made two points out of the leave order. Firstly, he argued that upgradation of an under tenant to the status of a tenant under the Government on the acquisition of the rent-receiving interest over the t..Category: Property Law | Date: | Hits: 85
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued on an application under section 115 of the Code of Civil Procedure calling in question the legality of judgment and order dated 29.9.1983 passed by the Subordinate Judge, Habiganj in Miscella......dgment and order dated 29.9.1983. Challenging the said judgment and order, the plaintiff-respondents moved in this Court with the instant civil revision and obtained the present Rule with an order of status quo. 7. I have gone through the revisional application, judgment and orders of the Courts ..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
....vocate - for opposite party Nos.1-2. Civil Revision No. 3832 of 2003. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the defendant-petitioners was issued calling in question the legality of judgment and order dated 25.3.2003 passed by the Additional District Judge, Sherpur in M......itional District Judge committed any error of law in affirming the order of temporary injunction. The Rule thus merits no consideration. Accordingly the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the ..Category: Property Law | Date: | Hits: 84
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