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Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....ule attached to the plaint. It may be mentioned the appellate Court upon reversing the judgment and decree of the trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording opportunity to the defendants to file written statement as well as to allow th...... suit for ex-party hearing. The appellate Court also noticed the fact that on the date of hearing defendant No. 1 entered appearance and prayed for time, but the trial Court did not dispose of the application so filed seeking time and that took up the suit for ex-parte hearing and thereupon dis&..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......ions:- " I. The High Court Division was wrong in failing to notice that the order of retirement of the writ petitioner respondents were passed by the Board in response to their application dated 22.01.1996 which was apparent on the face of the impugned order and as such the ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......in J. - The appeal by leave is by the defendants against the judgment dated June 22, 1997 of a Single Bench of the High Court Division in Civil Order No. 4901 of 1997 rejecting the revisional application summarily on merit as well as on the ground of limitation since the revisional applicat..Category: Property Law | Date: | Hits: 27
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......ioner to dispossess him on the plea of his purchase of the suit property on 9.7.1997 and the Trial Court passed an order of status quo. During pendency of the suit the plaintiff-respondent filed an application contending that taking advantage of the civil court vacation and in violation of the or..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......t) Cadre and in October, 1991 he joined the Muktijuddha Kallyan Trust as Director (Finance) on deputation. The Ministry of Finance, Economic Relations Division by a circular dated 11.8.1993 invited applications for appointment as Economic Counsellor in the Economic wing of Bangladesh Embassy at ..Category: Administrative Law | Date: | Hits: 123
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
.... Bench of the High Court Division passed in. Civil Revision No. 2385 of 2001 disposing of the rule obtained therein with the observation that the defendant-petitioner shall be at liberty to file a fresh application under Section 11 of the Code of Civil Procedure on the point of res-judicata and ...... of the High Court Division passed in. Civil Revision No. 2385 of 2001 disposing of the rule obtained therein with the observation that the defendant-petitioner shall be at liberty to file a fresh application under Section 11 of the Code of Civil Procedure on the point of res-judicata and the tr..Category: Civil Law | Date: | Hits: 122
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......said order the present petitioner moved the High Court Division in Civil Revision No. 7197 of 1991 but the rule was ultimately discharged and the predecessor of the respondent Nos.1 and 2 filed an application for restoration of possession in the aforesaid Other Suit No. 101 of 1985 which was rej..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....ellate Tribunal, set aside judgment and order dated 17.8.91 passed in the above Trade Union Case No.22 of 1988 and sent back on remand the trade union case to the Labour Court Chittagong for fresh hearing and then as per direction of the Appellate Tribunal the parties submitted documents i......ve cases waiving formal proof thereof as the documents were not disputed and the said case was then heard afresh and after hearing by judgment and order dated 29.8.92 the Labour Court rejected the application of the respondent No.3 for cancellation of registration of the respondent No.1. 5..Category: Labour and Industrial Law | Date: | Hits: 131
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......ul Amin J: The appeal by leave is against the judgment and order dated March 30, 1997 of a Division Bench of the High Court Division passed in Civil Order No. 1383 of 1997 rejecting the revisional application summarily. The revisional application was filed against the order dated 19.2.1997 of th..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......decreed the suit finding right, title and possession of the plaintiff's in the suit land. Against the said decree, the defendant Government preferred appeal which was out of time by 4578 days with an application for condonation of delay under section 5 of the Limitation Act. The learned Additional D..Category: Limitation Law | Date: | Hits: 156
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....for holding further investigation. Only the police on their own can hold further investigation. 4. We could not accept this contention of the learned Advocate because a Naraji petition is a fresh complaint and the Additional Metropolitan Session Judge, by sending the case for further inve......tition for leave to appeal has arisen out of a judgment and order dated 17.6.2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 546 of 2003 summarily rejecting the application filed under section 435 read with section 439 of the Code of Criminal Procedure. ..Category: Criminal Law | Date: | Hits: 102
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......tion obtaining 2nd Class 1st position upon securing 59.44% marks but he got only 32 marks in one of the papers, the 13th paper namely the Administrative Law. In that state of the matter he filed an application before the Vice Chancellor of the University on 24.10.2000, (the examination of LL.B (..Category: Civil Law | Date: | Hits: 97
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......nother appeal before this Division. On principle, Mr. Huq does not seriously oppose that the impugned judgment calls for an interference in order that the evidence may be reviewed once again upon application of the correct principles which went by default." 8. Mr. Faisa..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......uiry and that on 2-9-1996, the Magistrate received the report submitted by the District Anti-corruption Officer containing the opinion of the hand writing expert and thereafter complainant filed an application for issuance of process. The Magistrate examined the complainant on oath and thereafte..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......n (2) shall, if it is not paid within the time specified in the order, be recoverable as an arrear of land revenue. (4) The Government may, upon an application made in this behalf by any person aggrieved by an order made under subsection (1) or ..Category: Labour and Industrial Law | Date: | Hits: 95
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......the ground that he was convicted by the learned Divisional Special Judge, Khulna and sentenced to suffer rigorous imprisonment" for 6(six) months. It is on record that the petitioner filed an application under section 561A of the Code of Criminal Procedure before the High Court Division for..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ...... form on 22.8.1967 and the decree was made final on 7.4.1976. The learned Munsif allotted specific sahams to the plaintiffs and some of the defendants on 24.4.1988; the respondent Nos.1-9 filed an application for execution of the said decree in order to get possession of their respective sahams ..Category: Property Law | Date: | Hits: 34
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ...... 1994.) Judgment: Md. Hamidul Haque J. - Delay of 6 (six) days is condoned. 2. By this application, the petitioners seek leave to appeal against the judgment and order passed by a Single..Category: Procedural Law | Date: | Hits: 113
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......ons including the respondent. The case was transferred to Druto Bichar Tribunal, Barisal being Druto Bichar Tribunal Case No.1 of 2003 for trial and disposal. 4. The respondent filed an application under section 526 of the Code of Criminal Procedure and the High Court Divisi..Category: Criminal Law | Date: | Hits: 41
Category: Civil Law | Date: | Hits: 111