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AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....he Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 265 of 1997. (From the judgment and order dated 6-1-1997 passed by the Administrative Appellate Tribunal in Miscellaneous Appeal No.5 of 199......rder of removal on the ground that the borrowing authority had no jurisdiction to pass order of removal from service of the petitioner but at the same time refused to order his reinstatement and a decision was taken by the Ministry of Agriculture for elimination of the petitioner from service on..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....d- For Respondent Nos.1-5. Not represented- Respondent No.6. Civil Petition for Leave to Appeal No.450 Of 2005 (From the judgment and order dated 27.01.2004 passed by the High Court Division in Civil Revision No. 6467 of 2002) Judg......eeding even for allegation of negligence of duty prayer for reinstatement is not necessarily to be considered. In this connection the learned Advocate appearing for the respondents referred to the decision in the case of Sonali Bank vs. Ruhul Amin Khan in 46 DLR (AD) 85. 21. In the afor..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....ong before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (Emergency) Req......e 11 of the Code of Civil Procedure on the observation that in the suit serious question of law is involved and that without hearing the suit finally it would not be possible to arrive at a correct decision as regard the point of law involved in the suit and that as the suit is ready for hearing,..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
.... Not represented- Respondents Judgment 27 October 2002. Lawyers Involved: Civil Petition for Leave to Appeal No. 825 of 2000. (From the judgment and order dated 07-08-2000 passed by the High Court Division in Writ Petition No. 4063 of 2000). Judgm......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
.... A. K. M. Shahidul Huq, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.3-5 Civil Appeal No.103 of 1999 (From the judgment and order dated 15.04.1999 passed by the High Court Division in Writ Petition No.2918 of 1998) Judgmen......he area of the respondent No. 3 resulting in the appointment of the appellant as Nikah Registrar for the curtailed area but in view of the settled position of law in this matter as reported in the decisions in the cases Moulvi Md. Khurshid Alam Vs. Bangladesh 50 DLR (AD) 82, Kazi Md. Amirul Isla..Category: Constitutional Law | Date: | Hits: 178
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....For the Appellants. Md. Nawab Ali, Advocate-on-record- For Respondent No. 1. Not represented-For Respondent Nos. 2 & 3. Civil Appeal No. 211 of 2000. (From the Judgment and Order dated May 28, 1998 passed by the High Court Division in Civil Revision No. 364 of 1996) Judgment......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....ocate-on-Record- For the Petitioners Not represented- For Respondent Civil Petition for Leave to Appeal No. 1605 of 2001. (From the judgment and order dated 29-04-2001 passed by the High Court Division in Writ Petition No. 729 of 1990). ......ch allegation in the FIR of the above mentioned case that is Fatuallh Police Station Case No. 10(2)88. 9. Upon consideration of the materials on record and also on consideration of the decisions in the reported cases and particularly the decision in the case of Sk. All Ahmed vs. Secr..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....sp; T.H. Khan, Senior Advocate, instructed by Khaled Ahmed, Advocate-on Record- For the Respondent Civil Appeal No.283 of 2002 (From the judgment and order dated 301 November 2000 passed by the Administrative Appellate Tribunal in Appeal No. 1 of 2000). ......tement not being made within 3 months as directed in the Tribunal's order, the authority could not be heard to say that it had to pass the order of re-instatement showing respect to the Tribunal's decision. The learned Counsel further submitted that the authority by complying with the direction ..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....rd- For Respondent No. 1 Not represented-For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No.993 Of 2004 (From the judgment and order dated 12.05.2004 passed by the High Court Division in Writ Petition No. 1372 of 2001.) Judg......e of the President and notwithstanding the provision authorising the Government to make appointment of the learned Judges of the Adalat and constitute the said Court, the Government have taken the decision under order of the President and there is nothing wrong in the impugned legislation and th..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....ord-For the Appellant N. I. Bhuiyan, Advocate-on-record- For Respondent Nos. 1 and 2. Not represented- Respondent Nos. 3-12. Civil Appeal No. 114 of 1997. (From the Judgment and Order dated August 27, 1996 passed by the High Court Division in First Appeal No.211 of 1996) Judgment......earned Counsel for the appellant in support of the contention that the suit filed by the appellant in the light of the provision of section 20 CPC very much be prosecuted in Dhaka has relied upon the decision in the case of M/s. Anwar and Brothers Vs. Bangladesh Shipping Corporation reported in (199..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....cord-- For the Petitioner Not represented-For the Respondent Civil Review Petition No. 32 of 2000. (From the judgement and order dated 12th March 2000 passed by this Division in Civil Petition for leave to appeal No. 645 of 199...... records rightly found that the petitioner has no vested, right for the area in question and his appointing authority is authorized under the law to curtail the area or jurisdiction in view of the decision of this Division reported in the case of Kazi Md. Aminul Islam Vs. Secretary, Ministry of ..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
.... For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 passed by the High Court Division in Civil Revision No. 863 of 2000) ...... appears that as regard the selfsame property petitioners fought up to the Appellate Division but without success. The High Court Division considered the facts and circumstances of the case and the decision referred to and thereupon discharged the Rule by holding that the plaint of Title Suit No...Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....cted by M.S. Khan, Advocate-on-Record. — For the Respondents. Civil Appeal No.83 of 1978. With Civil petition for special leave to appeal No. 148 of 1978. (From the Judgment and Order dated 9.6.1977 passed by the High Court in Writ Petition No. 258 of 1974). Judgment Kemaluddi......to ask for abatement of the proceedings, which it has done. This point, therefore, carries no merit. 5. Mr. Ishtiaq Ahmed further submitted that there is nothing to show that the Government’s decision has been proved in the petition for abatement. Mr. A. W. Bhuiyan in reply has pointed out t..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....e-on-Record—For the Appellant. Not represented-The Respondent. Civil Appeal No. 79 of 1977. (From the judgment and order dated 31 5.1973 passed by the High Court Division in Income Tax Reference Case No. 7 of 1970). ......The High Court Division found it difficult to accept the contention that the Income-Tax Officer has been vested with the power to refuse renewal of registration under section 23(4). It noticed two decisions from the Indian High Courts, namely, Raghunantiait Prasad Monohar Lai vs. Commissioner of..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....dash;For the Appellant M. H. Khandker, instructed by B, C. Panday, Advocate-on-Record—For the Respondent. Civil Appeal No. 3-D of 1971. (From the Judgment and Order dated 29th November, 1968 of the High Court of East Pakistan in Civil Rule Nos. 1286 and 1313......le) of 1968). Judgment: Kemaluddin Hossain J.- This is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act..Category: Property Law | Date: | Hits: 44
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....n-Record—For the Appellant. Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent. Civil Appeal No. 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 of 1969) ......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....i, Advocate instructed by B. C. Panday, Advocate-on Record—For the Respondent No. 1. Not represented.—Respondent Nos. 2-20. Civil Appeal No. 6 of 1979. (From the Judgment and Decree dated 3-9-76 passed by the High Court in S A. No. 409 of 1965.) Judgment Kemaluddin Hossain......ny evidence to discharge this onus of proof. On fact, the trial Court held that the grandsons obtained the documents by exercise of undue influence. On appeal the Court of appeal below reversing this decision held that when the pardanashin lady though illiterate was capable of managing her own aff..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....eputy Attorney-General, instructed by B. Hossain, Advocate-on- Record—For Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No 19 of 1979. (From the judgment and order dated 16-2-77 passed by the High Court Division in Criminal Revision No. 152 of 1974). Judgment......er that he should bring justice all those persons whether originally mentioned or not, who, evidence shows, were guilty of that offence." 6. Case laws were reviewed by the Full Bench. The decision in Charu Chandra Vs. Narendra Chandra, 4 C.W.N. 367 and Dider Box Vs. Shamapada Das Malader..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
.... A. Wadud Miah, Advocate-on-Record—For Respondent No. 7 in C.A. 74 of 1974. S. R. Pal, Senior Advocate—Amicus Curiae. Civil Appeal Nos. 31 to 77 of 1974. (From the judgment and order dated 26-7-74 passed by the High Court Division in Writ Petition Nos, 85, 96, 100, 109, 111, 113, 12......e deemed to have been extinguished and the mortgagor thereafter would on application made either to civil court or revenue court be restored to possession. The Calcutta High Court in a number of decisions held that anomalous mortgage with possession given to the mortgagee, namely, mortgage by c..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....med, Advocate instructed by Md. Shafiqur Rahman, Advocate on- Record—For the Respondent No. 1. Ex-parte—For Respondent Nos. 2-50. Civil Appeal No. 90 of 179 (From the Judgment and Order dated 21-11-78 passed by the High Court Division in Civil Revision Case No. 1163 of 1975.) Judg......on Case No. 1163 of 1975.) Judgment: Kemaluddin Hossain CJ.—In this appeal the question involved is whether the learned Single Judge was justified in taking a view contrary to the current of decision standing stare decisis on the point, that a refusal to set aside an ex parte order passed i..Category: Property Law | Date: | Hits: 55
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