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Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......er contract and expressed their inability to perform the contract in full taking the ground that due to the intervention of the war of liberation the contract was frustrated. They accordingly made an application to the defendant that they should be relieved from the obligation under the contract sub..Category: Alternative Dispute Resolution | Date: | Hits: 238
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....advocate also appearing for the appellants, submits that the law provides for referring the whole case to the third Judge, which would give the benefit to the appellants of having their appeal heard afresh with the hope of getting an acquittal. He submits that such benefit should not be denied to th......ourts of the Indian jurisdiction seem to be somewhat variant. 11. In the case of Union of India and another Vs. B.N. Ananthapadmanabhiah AIR 1971 (SC) 1836 four points were raised in a revisional application before a Division Bench of the High Court. Both learned Judges agreed on two of the poin..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......find any infirmity in the confessional statements on perusal of exhibit-2 series, that he made the confessional statement on 13th July, 1992 and retracted his confession of 30th July, 1992 but in his application for retraction he did not make any allegation that his confession was extracted by tortu..Category: Criminal Law | Date: | Hits: 100
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......dgement and decree dated 10.08.2005 was dismissed by the judgement and decree dated 10.08.2005 thereby upholding the judgement and decree of the trial Court. The defendant then filed civil revisional application under section 115(1) of the Code of Civil Procedure before the High Court Division and o..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......ned leave from this Division against the judgment of the High Court Division. 3. It is contended by Mr. Momtaz Uddin Fakir, learned Additional Attorney General that the High Court Division without application of its judicial mind acquitted the respondents despite the fact that the prosecution has..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......ary action but to terminate the service of an employee by notice in accordance with the conditions of his employment without show cause, that is, the principle of natural justice has got no manner of application in case of termination simpliciter, (d) An order of termination simpliciter is a valid o..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... District Judge is not a ‘persona designata’ but a Court. Therefore, this Division has concluded that against the decision of Election Appellate Tribunal, an aggrieved party may file a revisional application under section 115 of the Code of Civil Procedure before the High Court Division. In the ..Category: Property Law | Date: | Hits: 67
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ...... an end. By the said letter, the petitioner was asked to hand over the charge of the Project along with accounts to the Project Director. Annexure-'C' shows that the petitioner on 24.05.1997 filed an application to the Secretary of the Ministry through the Project Director of the prakalpa requesting..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... Readers are holding Third Class Non-Gazetted post while the Bench Officers are holding First Class Gazetted posts. In such situation, all the 7(seven) Bench Readers of the Appellate Division made an application on 11.03.2008 through the Registrar of the Supreme Court of Bangladesh to be treated as ..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......ground. The petitioner was allowed two days' casual leave. As per advice of the Doctor he had to take complete bed rest for few weeks and he had undergone medical treatment. Upon recovery he filed an application for medical leave being accompanied with medical certificates. The petitioner had to tak..Category: Administrative Law | Date: | Hits: 240
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......able property under the Succession Act, 1925. 4. The petitioner RAJUK by letter dated 03.03.2008 informed the respondents that without a succession certificate it is not possible to consider their application. 5. The writ petitioners served a notice demanding justice upon the writ respondents ..Category: Civil Law | Date: | Hits: 76
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......d or imposed penalty under Section 42 of the VAT Act read with section 196 and 2nd proviso to section 194 of the Customs Act. At the time of hearing of the Appeal on 5-2-2007, the petitioner filed an application to accept the Memo of Appeal by waiving deposit of 25% of the demanded VAT or imposed pe..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....permit the defendant to change the whole front and raise a plea which is not consistent with the earlier stand taken by him. It does not also give the defendant liberty to treat the subject matter afresh in the manner he liked, ignoring the earlier written statement filed by him. Even after accord......on No.3682 of 2003) Judgment Surendra Kumar Sinha J. - In a suit for partition among the co-sharers, the defendant No.2 who is appellant before us filed additional written statement and then an application for amendment of written statement, which prayers were allowed by the trial Court, again..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......ous Appeal at the instance of the substituted plaintiffs is directed against order dated 4.11.2009 passed by the Joint District Judge, fourth Court, Dhaka in Title Suit No.183 of 2006 rejecting an application for temporary injunction filed by the plaintiff under Order XXXIX, rule 1 of the Code of..Category: Civil Law | Date: | Hits: 67
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......as raised a preliminary objection regarding the maintainability of the appeal, as, according to him, the appellants being employees of the Paurashava and not, tax-payer had no locus standi to file an application, under Article 102 of the Constitution, as they were not in any manner aggrieved by the ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... No.2 on 10.4.1974 for directing respondent No.1 to grant the necessary relief under the law. Having not received any reply from the said respondent No.2 the appellant, moved the High Court on an application under Article 102 of the Constitution on the allegations as set above. 6. The petit..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......the learned Subordinate Judge, restoring a suit to its file and number, on allowing Miscellaneous Case under Order 9 rule 13 of the Code of Civil Procedure, the plaintiff approaching this Court in an application under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upo..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......Jail and thereafter he came to know that a decree was passed by respondent No.1 for Taka 11,87,085.00 with interest at the rate of 20% and after collecting necessary information he filed this present application under Article 102 of the Constitution and obtained the present Rule. 3. In this petit..Category: Civil Law | Date: | Hits: 71
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ...... Gour Gopal Saha J.- This Rule calls in question the order dated 6-7-94 passed by the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.258 of 1992 allowing the plaintiffs application for re-examination of witness No.1 for the plaintiff. 2. Short facts relevant for the..Category: Property Law | Date: | Hits: 66
....down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......n with Serajur Rahman and Probir Neogi, Advocates - For the Petitioners.
Rezaul Karim, Advocate - For the Opposite Party.
Civil Revision No.2335 of 1992.
Judgment
Md. Nurul Islam J.- This application by the defendant petitioners is directed against the judgment and decree dated 16-7-92 p..
Category: Property Law | Date: | Hits: 63
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