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Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....epealed. (2) Notwithstanding the aforesaid repeal, anything done, action taken, obligation or liability incurred, rights and assets acquired, person appointed or authorised, jurisdiction or power conferred, endowment, bequest, fund or trust created, donation and grant made, scholarship, ......nd for permanent injunction restraining the defendants from evicting him from University Staff Quarter No. 40/C without arranging any alternative accommodation for him. Leave was granted to consider:- (i) whether the High Court Division rightly held that the unauthorize......conduct" on 18-2-86 by way of amendment to the original order of removal dated 30-10-85. In the final show cause notice dated 10-9-85 (Ext. C) the ground of "misconduct" was specifically mentioned and the respondent had the prior knowledge of such ground. 12. Bes...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ..Category: Employment/Service Law | Date: | Hits: 69
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....nistry of Land by the Memo, dated 9.11.2003. It appears there has been confusion at the different levels of the Government connected with the requisition and acquisition of the land under the law empowering the Government to requisition and acquisition citizen's land as regard the meaning of exp...... measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed the suit stating, inter alia, that the land measuring 1.15 acr......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......ary, RAJUK to the effect that .85 acre out of 1.15 acres of land of C.S. Plot No. 685 was requisitioned by initiating L.A. Case No. 91 of 1957-58 and later on in pursuant to the decision taken in the meeting of the Council of Ministers except .25 acre retained by the RAJUK the remaining land has bee..Category: Property Law | Date: | Hits: 45
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....hat the Court is bound to grant interest upto the decree. Thus in the case of Sukhraj Rai Vs. Ratinath Panjiara, AIR 1942 (Ptatne) 102, it was clearly held that Rule 11 does not affect the Court's power to allow pendent lite interest under order 34 Rule 2. The Federal court did not intend to lay...... Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment November 5, 1997. Cases Referred to- Jagannath Prosad Singh Chowdhury vs. Surajmul Jalal AIR 1927(PC) 1; Jaigobind Singh Vs. ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....nst the above order. Then on 22.3.99 the appellants filed the above review petition before the High Court Division by tendering unqualified apology but the High Court Division, declined to exercise power of review by accepting the unqualified apology as sought holding that unqualified apology was ...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Awlad Hossain and another....Appellants Vs. Joynab Bibi and another..............Respondents Judgment August 9, 2004. Case Referred to- Abdul Hoque vs. District Judgeship 51 DLR (AD) 15. Lawyers Involved: Amir-ul-Islam, Sen......cuting Court, then the executing Court on 24.4.97 referring to the Memo dated 22.4.97 issued by the appellant No. 1 passed an order staying further proceeding of the above execution case and also recalled the process relating thereto the proforma respondent No. 2 by issuing the aforesaid memo date...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......nt is from the judgment and order dated 6.8.92 passed by a learned Single Judge of the High Court Division in Civil Revision No. 405 of 1988 Dhaka/Civil Revision No. 242 of 1988 (Rangpur) refusing to rehear the case which was disposed of on 12.5.92 ex parte making the Rule absolute and set...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ...... Arpannama. Last Shebayet Chitta Ranjan Das migrated to India in 1981 without making any arrangement to perform Sheba Puja and look after the debattar property, that the local Hindu community in a meeting held on 31.12.81 formed a broad-based trust committee and elected the appellant as its Secr..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....y;duced by the defendants for the first time before it. The said court, in its discretion reasonably exercised, rejected the prayer for admitting the documents as additional evidence. 8. The power of the appellate court to admit further evidence is contained in Order 41, rule 27(1) of the......ow in Other Class Suit No. 115 of 1984 instituted in the court of Assistant Judge, Kazipur within the district of Sirajganj. 2. The plaintiff brought the suit against several defendants to have his title declared in respect of certain land measuring 2.59 acres fully described in the s......dingly upheld the decision of the trial court. 6. The unsuccessful defendants thereafter moved the High Court Division with a revisional application marked as Civil Revision No. 8110 of 1991 calling in question the propriety of the decision of the appellate court. After hearing the parties......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ..Category: Procedural Law | Date: | Hits: 63
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....05.70. 2. The appellant as plaintiff filed the suit stating inter alia, that the plaintiff is a private limited company and has a freezing plant in Chalna. The freezing plant runs by public power supply from Power Development Board (P.D.B). The plaintiff runs the Business by taking loan f......y J Chalna Marine Products...Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and F......n power supply in its factory, but the generator continued to supply power until 11.10 P. M on 2.12.88 and then it started giving trouble and stopped. The plaintiff tried to repair the generator locally, but failed and then sent it to Dhaka for repair. The generator was ultimately re......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......nts Vs. Abu Nur Mohammad Zafar and others............. .................Respondents Judgment July 21, 2003. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by Firoj Shah, Advocate-on-Record - For the Appellants Abdul Wadu......ainst the judgment and order passed by a Division Bench of the High Court Division in Writ Petition No. 3924 of 1998. 2. The present respondents were the writ petitioners and Rule was issued calling upon the writ respondents to show cause as to why the advertisement made in the Dainik Jan...... directed to do the needful for implementation of the gazette notification dated 10.7.1997 (Annexure-J to the writ Petition). 3. The respondents are all kanungos and their case is that in a meeting of the National Land Requirement Council of the Ministry of Land held on 30.12.1989 it was ..Category: Civil Law | Date: | Hits: 117
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
.... amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties. 11. As to how the Court should exercise its power under the rule and what are the limitations in the exercise of such power, the judicial commi......ip;….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. Cases Referred to- Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 1922 PC 249=ILR 48 Cal. 832; Managing Committ......e fundamental character of the suit remains the same. A suit for declaration of title, recovery of possession and/or for partition is essentially based on a common claim of the plaintiff which may call for aforesaid different relief or reliefs in different situations. In the case of Ajirudd......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
.... "The petitioner Rupali Bank Ltd. has inter alia, stated in the leave petition that it is in fact and law the owner in possession of the disputed property. It appeared and filed a power in the writ petition on 25.8.92 through its Advocate and got a draft affidavit in oppositi......wyers Involved: Mahmudul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record - For the Appellant (In Civil Appeal No. 97 of 1997) AJ Mohammad Ali, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record - For the Appellant (In Civil A......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....extended upto October 31,1984 and the last date of shipment was also extended upto November 30, 1984, that the Government in the Ministry of Finance by S.R.O. dated October 16, 1984 in exercise of powers conferred by section 19 of the Customs Act and section 4(1) of the Sales Tax Act exempted su...... Ed. This Case is also Reported in: ...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......oners. A. M. Amin Uddin, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2101 of 2008 (From the judgment and order dated 31st August, 2008 passed by the ......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......nt of Islamic Studies of the University of Dhaka. Later, pursuant to his application and upon considering his status as a ward of Muktijoddha, the Dean Committee of the University of Dhaka in their meeting, held on 3.5.2003 and 13.5.2003, allowed him to change the department from Islamic Studies ..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ...... Vs. Joint District Judge & Artha Rin Adalat No.2, Dhaka and others…………….. Respondents Judgment November 9, 2008. Case Referred to- Saloman Vs. Saloman and Co. Ltd. (1887) A.C.22. Lawyers Involved: Md. Naw...... the purpose of securing any credit of the limited company namely Shinan (Bangladesh) Limited and as such none of the properties of M.A. Chaklader can be attached and sold in connection with any so called liability of Shinan (Bangladesh) limited. 5. Mr. Masudul Alam Chaklader while alive ......ited. 5. Mr. Masudul Alam Chaklader while alive contested the suit by filing a written statement denying his liability for any dues if any for Shinan Bangladesh Limited as responsibility for meeting the liabilities of any limited company is of the company and in law shareholder and Direct..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd 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) 297. ......t November 18, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 866 of 2006 (From the judgment and order dated the 25th j April, 2006 passed ......ilding and directed to select a new site. The respondent No. 4 declared to take over the delivery of possession of the old office of Dohakul Union Parishad. Accordingly, the Dohakul Union Parishad called a general meeting at its old premises at 10 a.m. declaring agenda for the selection of site ......ed to select a new site. The respondent No. 4 declared to take over the delivery of possession of the old office of Dohakul Union Parishad. Accordingly, the Dohakul Union Parishad called a general meeting at its old premises at 10 a.m. declaring agenda for the selection of site new Union Parisha..Category: Others | Date: | Hits: 87
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....connection it is pertinent to be mentioned that the sale committee of the defendants had accepted the price as offered by the plaintiff in respect of the properties and though this is discretionary power and this discretionary power cannot be exercised by the defendants after the confirmatio......;……………………... Petitioner Vs. Government of Bangladesh and others.............................Respondents Judgment October 22, 2008. Lawyers involved: Mahmudul Islam, Senior Advocate, with M.A. Samad,......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......orted in: ......rding the promotion of said Md. Mustafizur Rahman to the post of the writ petitioner and this Court issued further Rule on 25.01.2007 which run follows: "Let a Rule Nisi calling upon the respondents to show cause as to why the promotion of Md. Mustafizur Rahman, as ...... Service) in the post of Senior Assistant Director (Administration) who has been holding the said post by current charge. In this regard B.A.R.I. invited a Departmental Promotion Committee (D.P.C.) meeting to be held within short time. In such situation, the writ petitioner obtained an order of i..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......tin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment April 17, 2008. Lawyers Involved: Hasan Foiz Siddique, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record – For the Appellant. R......eking reliefs, including bail till final disposal of the Criminal Appeal No. 3990 of 2007. 8. The writ petition, being Writ Petition No. 9600 of 2007, was filed with the prayer "Issue a Rule Nisi calling upon the Respondents to show cause as to why the Rule 11(3) of the Emergency Rules and Secti......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....ut lawful authority. 5. Leave was granted to consider the submission that the High Court Division misdirected itself in law in taking the view that the Executing Court could suo motu exercise its power under Order XXI Rule 90 of the Code of Civil Procedure and the submission that the High Court ......oynul Abedin J Md. Abdul Matin J Md. Kamal Hossain..... Appellant Vs. The Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantile Bank Ltd. Vs. Sardar Kishan Singh, AIR 1963 Punjab 230. Lawyers Involved......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177..Category: Civil Law | Date: | Hits: 92
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....n objection to the RAJUK complaining that she had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased by the appellants, recovery of possession, cancellation of the power of attorney and cancellation of sale deeds in favour of the appellants. The suit was dismiss......and order dated 3.6.97 passed by a Division Bench of the High Court Division in Writ Petition No. 2042 of 1994 discharging the Rule. 2. The appellants obtained sanction for a plan from RAJUK to construct a 10-storied building on 16-11-89 in the disputed land which was purchased by them fro......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. .......................Appellants Vs. Sheikh Munsur Rahman.....................Respondent Judgment July 14, 2004. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Abul Kalam...... sent to the respondent along with charge so as to unable the respondent to explain the allegations further the short handbook of the stenographer which was very vital for the enquiry was also not called for by the Enquiry Officer inspite of requests made by the respondent in this behalf. ......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..Category: Administrative Law | Date: | Hits: 94
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