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Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....ification that the disputed plot is a part of Government "reserved forest and accordingly the learned Additional District Judge having rightly reversed the decree of the trial Court upon fresh consideration of the evidence on record the learned Judge of the High Court Division did not ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......ision and the Rule issue was made absolute. The High Court Division while making the Rule absolute observed that the application under order 9 rule 13 was barred by limitation and no application for condensation of delay was filed. It was further observed that the preliminary decre..Category: Property Law | Date: | Hits: 26
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. ......y troubles he was attacked with serious diseases. On several occasions he had to avail of leave on medical ground for treatment and rest. Lastly on 10.12.89 he again fell ill and by sending a leave application with a medical certificate, he prayed to the authority, for one month's leave. On 9.1...Category: Employment/Service Law | Date: | Hits: 100
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....that defendant No. 1 M/s. James Finaly and Company Limited did not pay rent to the Waqf Estate and then the Mutwalli of estate Nawab Khawja Abdul Gani asked defendant No. 1 to finalize the matter for fresh Bhara Bangladesh with the Dhaka Nawab Waqf estate but defendant Nos. 1 and 2 took no step in t......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......s not the competent authority according to the above regulation, Respondent No.1 unsuccessfully preferred a departmental appeal. He thereafter approached the Administrative Tribunal, Dhaka with an application under section 4(2) of the Administrative Tribunals Act, 1980, being Case No. 185 of 199..Category: Employment/Service Law | Date: | Hits: 70
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......the tenant's application which is to be made within six months from the date of payment of such deposit the House Rent Controller can order adjustment against rents if the tenant so desires. Such application does not appear to have been made by the respondent. No order, therefore, also exists ..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. .......11.1990 abruptly announcing that the writ petitioner was dismissed from service with effect from 8.7.1989 under the Government Servants (Special Provisions) Ordinance, 1979 which had no manner of application to the case of the writ petitioner. This was done as a cunning device for collater..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......itioners waited for long 17 months but the Corporation did not pay their arrear dues rather kept them illegally out of employment of the Corporation from the date of submission of their respective application for voluntary retirement from service. It is also the case of the writ petitioners..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
.... other interlocutory orders, passed in such suits, appeals applications and other legal proceedings shall cease to have any effect and no court shall entertain, and no person shall bring any fresh suit, appeal, application or other legal proceedings in which the legality or validity ...... Pakistan as a party to such proceedings. (2) The Government of Bangladesh may, at any time before the final hearing of any legal proceedings mentioned in clause (1) submit a written application to the court, Tribunal, arbitrator, tax authority or other authority in or before whic..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......alf of the decretal amount as well as the costs of the suit, as assessed by the trial court as per decree signed on 7.2.96 amounting to Tk. 1,8,324/32 paisa, on 21.9.96 the defendant filed an application in the trial court for accepting the deposit of 50% of Tk. 1064/-. That is the deficit ..Category: Civil Law | Date: | Hits: 87
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.......encies. 4. In the instant case the universal norms of freedom respecting rights of leaving the country and returning have been recognized in Article 36 of our Constitution. Therefore there is full application of Article 13 of the Universal Declaration of Human Rights of the facts of this case. ..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. ......Civil Petition for Leave to Appeal No. 298 of 1994. 2. The appellant was dismissed from service of Sonali Bank on 29-7-86 and his departmental appeal was dismissed on 29-7-87. His application before the Administrative Tribunal, A.T. Case No. 169 of 1987, was allowed by judgment ..Category: Administrative Law | Date: | Hits: 124
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......ellant got the kabala executed and registered through court in execution of ex parte decree against the defendants including the pre-emptor respondents. 5. Her further case is that the application for pre-emption is not maintainable and the pre-emptor respondents are not entitled to ..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....based on evidence or the finding was made on non consideration or misreading of evidence as regard the said fact. In that state of the matter High Court Division was in error in embarking upon for fresh assessment of evidence on the point uniformly decided by the courts below. 13. Law re......n "at the earliest possible opportunity". From the defendants side neither at the trial nor in the appeal any objection as to non-joinder of party was raised. Also in the revisional application no ground relating to non-joinder of the party was raised, it appears for the first tim..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......n record decreed the suit and the court of appeal affirmed the judgment and decree passed by the trial Court. 5. Being aggrieved the defendant preferred the above mentioned civil revisional application before the High Court Division and a Single Bench of that Division upon hearing the par..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......il Revision No. 3401 of 1998 discharging the rule obtained against Order No. 15 dated 09.07.1998 passed in Title Suit No. 152 of 1997 of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in bri..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......he decree obtained by, them in their suit for setting .aside the decree of a previous partition suit, namely, T.S. No.21 of 1965, has been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided by the trial Court ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
.... set aside, both the appeals are allowed and the cases are sent on remand to the lower Appellate Court to determine the question as to separation of the jama on consideration of evidence including fresh evidence if adduced by the parties, and to dispose of the appeals before it—namely Misc......tion involved in these appeals is whether the pre-emption has been allowed under section 24 of the Non-Agricultural Tenancy Act, 1949, to the respondents on correct appreciation of fact and proper application of law. 2. Respondents, Pre-emptors filed two proceedings, Miscellaneous Cases N..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......ident's Order No.50 of1972) Moulvi Bazar, Sylhet. 2. On 12th June, 1973 an Inspector of Police, Special Police Establishment, Bangladesh Bank Branch (intelligent Unit) Sylhet, filed an application to the Additional Superintendent of Polite, Special Police Establishment, Ban..Category: Criminal Law | Date: | Hits: 51
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......ames and not that of the respondents should have been recorded in the record of right. 6. Against the aforesaid decision of the learned Subordinate Judge, the respondents filed a revisional application before the High Court Division, Dhaka Bench, and obtained a rule which was ultimately m..Category: Property Law | Date: | Hits: 28
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