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Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... file written statement within two months. 2. The appellant, as plaintiff, filed the above suit seeking declaration that the order dated 26-1-1997 placing him under suspension is void and illegal and the notice dated 2-9-97 asking him to show cause as to why he shall not be dismissed from......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....shareholders from Bangladesh were prejudicial to the interest of Bangladesh. The High Court Division held that the impugned order dated 27-5-1987 was issued without any lawful authority and was of no legal effect and the shares of the company are liable to be released in favour of the writ petitione......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....of the plaintiff has been invaded by the defendants, as such, plaintiff, who is the Vice-Chairman of the Managing Committee, can very much proceed with the suit, that the plaintiff has legal right to maintain, the suit, that the undenied fact is that since 1970 the High School stoppe...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....landlord and then became a tenant under the Government on wholesale acquisition of all rent receiving interests. I shall consider these two conflicting claims in due course, but now I shall see the legal position of Ram Prosad Muchi till 1938-1939. 11. As indicated above, prior to the coming i......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......the same defendants. Mr. Rafique-ul Huq has further shown that in the earlier suit the temporary injunction matter was contested upto the High Court Division and the parties were directed to maintain status quo. Mr. Rafique-ul Huq submits that there was no earthly reason for the appellants not to co..Category: Procedural Law | Date: | Hits: 116
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... appellant filed the above writ petition in public interest, impugning the continued failure by the Government and other public authorities, in particular the respondent No.1, to comply with their legal duties under the existing laws including the Environment Conservation Act, 1995 and the Envi&......for water supply; 5.2.4 Ensure on an emergency basis, safe source of drinking water at a reasonable distance; 5.2.5 Assess the needs for water supply intervention based on the status of contamination at village level. 10. The Implementation Plan for Arsenic Miti..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....he civil appeal was filed against the judgment dated November 3, 1991 of the High Court Division in Writ Petition No. 448 of 1988 making the Rule absolute. The writ petition was filed challenging the legality of the judgment dated January 3, 1988 of the Court of Settlement in Case No. 119 of 1987 (K......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....ecommendation for giving current charge of the Chief Engineer and Ship Surveyor to respondent No. 5. It was the contention of the petitioner herein that in spite of his being senior the authority illegally and unjustly made recommendation to give current charge of the post of Chief Engineer and ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e evidence of PW3 Nurul Alam is so improbable, absurd and incongruous with human nature and circumstances of this case that it does not stand even the ordinary test of common sense, not to speak of legal test as to assessment of evidence. Learned counsel has argued with considerable vehemence th......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....o the well-known concept of criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped an......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
....ng been made without taking notice of the reports in which the officer concerned had been exenerated of the charges brought against him was made without any application of mind and as such without legal authority. The learned Judges of the High Court have, thereafter, preceded to hold that it be...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....n, contract between the plaintiff and the defendants as having became unenforceable the earnest money paid by the defendants to the plaintiff stood forfeited and, as such, defendants were legally under obligation to deliver the possession of the land described in the schedule attached ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....0, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdiction, 3. The suit was filed averring that the land in......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....on of their title to the land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue, upon the plaintiffs and all subsequent actions taken by him were illegal, void and without jurisdiction on the allegations that the suit land was originally the khas......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....oid and declaring responded No. 2 duly elected Chairman of No. 18 Narayanganj (South) Union Parishad, under P.S. Matlab, District Comilla as have been passed without lawful authority and of no legal effect. 2. The election of the appellant was held on 13-1-77 for the office of the Chai......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....ed that the High Court Division having applied judicial mind in consideration of the provision of the 540 of the Code of Criminal Procedure rightly passed the impugned order and there is no illegality or legal infirmity for interference by this Division. 8. We have heard ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ower appellate court considered the facts and circumstances and evidence on record and came to a correct decision in passing the judgment decreeing the suit and the High Court Division without legally adverting to the cogent findings arrived at by the lower appellate court set aside the same......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....ts and circumstances of the case and as such the learned Judges of the High Court Division are wrong in holding that the order of the learned Chief Metropolitan Magistrate dated 28-05-1998 is not a legal order but based on cogent grounds. The High Court Division having not applied its judicial mi...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....reemption case, if any filed, by the plaintiff after the disposal of the appeal and as such we are not inclined to consider the ground (already quoted above) or express any view about the legality or sustainability of the ground so raided in the midst of hearing. 12. In the ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
.... No. 1672 of 1995 making the Rule absolute. 2. The writ petition was filed by Mr. M. Habibullah Bahar, the main Sponsor/ Chairman of Sundarban Bank International Ltd. (Proposed) challenging legality of the Memo No. BCD (P) 744/20-2074/91 dated 22nd December 1999, of the Bangladesh Bank (A......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
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