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Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....95 filed by said convict Abul and the High Court Division by its judgment dated 20.4.1999 set aside the order of acquittal passed in respect of Hazera Khatun and directed the trial court to write a fresh judgment in respect of the charge against her under section203/109 of the Penal Code. ......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ..Category: Criminal Law | Date: | Hits: 42
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ...... an order passed on 2.2.1995 in Civil Revision No. 3152 of 1995 making the Rule absolute upon setting aside the judgment and order 7.7.1993 passed by the Assistant Judge, Chandpur rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure to reject the plaint of the appell..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ...... any sale deed in favour of the plaintiff on the ground that the bainapatra was not genuine and was not executed by their predecessor Kanu Miah. 2. The defendants appeared and filed an application with a prayer for examination of the signature of Kanu Miah found in the bainapatra wit..Category: Civil Law | Date: | Hits: 72
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....viction of the respondent from the suit shop stating that it was initially let out on 19.5.1981 to the respondent as a monthly tenant at a rental of Tk. 400/- and the lease was, however, renewed by a fresh agreement dated 13.4.1988 fixing the monthly rental at Tk. 700/-. The respondent for the month......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..Category: Tenancy Law | Date: | Hits: 172
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ......ifying the intention of the Government to acquire the lands for the said purpose and the owners of the plots involved were paid initial compensation. 3. On 5 June 1979 the appellant made an application to the Additional Land Acquisition Officer, Dhaka claiming compensation in respect of t..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....igh Court Division found that the exhibits 4.5.7 and 24 referred to above were made and written to different persons by the plaintiff disclosing the date and time of the occurrence of power failure fresh from personal knowledge and memory and in those exhibits the date of power failure was clear......cree of the money claimed. 6. The defendant respondent No. 1 filed First Appeal No. 277 of 1994 against the decree before a Division Bench of the High Court Division. The plaintiff filed an application under Order 47 rule 1 of the Code of Civil Procedure initiating Miscellaneous Case No. ..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. ...... that though the post of Kanungo was upgraded to the second class gazetted post, the Ministry of Finance did not give effect to the proposed pay scale. In the meantime, the Ministry of land invited applications for appointing 106 Kanungos instead of implementing the decision of upgrading the post..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....362 of 1968 of against the said judgment and decree which was allowed by judgment and decree dated 30.3.1974 passed by Subordinate Judge, 1st Court, Dhaka sending back on remand the title suit for fresh trial, When the suit was pending in the trial court, the Government assured the appellant Baz....... On 28.10.90 the said Misc. Case No. 19 of 1990 was dismissed for default. On 31.10.90 Misc. Case No. 19 of 1990 and Title Suit No. 120 of 1982 i.e. Title Suit No. 105 of 1989 were restored on an application under section 151 of the Code of Civil Procedure. On 24.5.93 Title Suit No. 120 of 1982..Category: Property Law | Date: | Hits: 30
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....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. ...... plaintiff. The plaintiff alleged that the defendants were creating disturbance to his peaceful possession of the suit land and were trying to dispossess him there from. 4. On an application by the plaintiff for temporary injunction filed on 15.9.1985, the learned Subordinate ..Category: Property Law | Date: | Hits: 56
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......r Assistant Secretary, Ministry of Law, Justice and Parliamentary Affairs, stating, inter alia, that he hails from No. 9 Goalerchar Union of Islampur Police Station, District Jamalpur and upon his application, Ministry of Law, Justice and Parliamentary Affairs on 2.11.1999 appointed him as Nikah..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
.... the Rule. The High Court Division by it's impugned judgment and order made the Rule absolute and remanded the appeal to the lower appellate court below to write out a judgment deciding the appeal afresh upon proper consideration of the evidence already on record. 8. From the impugned......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....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. ......upon proof of the character of the document according to the law of the foreign country. 13. As it appears from the contents of Annexure L and the certified copy produced before us, the application for the above certified copy was filed on 13.07.93 and the Sub-Register Central Record,..Category: Property Law | Date: | Hits: 35
M. M. Kamruzzaman Vs. The State and another, 2007, 36 CLC (AD)
....y the High Court Division suffers from no such infirmity calling for interference. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ......leave to appeal is directed against the judgment dated 5.7.2004 of a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 5897 of 1998 discharging the Rule obtained upon an application filed under section 526 of the Code of Criminal Procedure seeking transfer of Special T..Category: Criminal Law | Date: | Hits: 61
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....on consideration of the ratio decidendi of the cases referred to from the bar observed that in the said cases it has been held that the subordinate law making authority in an exemption matter by a fresh notification cannot take away vested right. 18. As against the decision o......ect of his imported goods. 7. The High Court Division rejected the aforesaid contention of the respondent upon observing "the difference in facts would make any difference in the application of the principle which is based on interpretation of section 19 and 30 of the Customs ..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: ......tion No. 2097 and his Code number was 144.35 in the merit list and accordingly he was allowed to be admitted in the Department 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 Uni..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. ......pears that Mr. Masudul Alam Chaklader, Managing Director was impleaded as judgment debtor No.2 and because of the death of the heirs the petitioner has been substituted. The petitioner's application under Order 21 Rule 58 of the Code of Civil Procedure was also rejected and..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. ......The selected and feasible site is just eastern side of linking highway road of the proposed site of Union. The member of the Union Parishad named Md. Mostafizur Rahman and others who wrote an application to the Deputy Commissioner on the said unscheduled selection of proposed construction o..Category: Others | Date: | Hits: 87
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ...... learned District Judge and the learned Additional District Judge and the learned Additional District Judge, Bagerhat allowed the appeal and decreed the suit. 6. The defendant preferred revisional application before the High Court Division and the High Court Division by the impugned judgment and ..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....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. ......by the same limitation as estoppel in the strict sense of the term. It is an equitable principle evolved by the Courts for doing justice and there is no reason why it should be given only a limited application by way of defence. There is no reason in logic or principle why promissory estoppel sh..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: ...... granted at the time of issuance of the Rule dated 17.07.2005 passed by the High Court Division the writ respondent Nos. 3, 4 and 5 filed Civil Petition For Leave To Appeal No. 941 of 2005 with an application for stay of the said order dated 17.07.2005 before the Appellate Division of the Hon'bl..Category: Employment/Service Law | Date: | Hits: 89
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