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Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......c. for the year 1984-85. Respondent No.1 was the lowest bidder in the tender. It was stated that respondent No. 3 had no licence and as such had no locus standi to participate in the tender as per terms of the tender. The learned Subordinate Judge granted temporary injunction by his judgment and...... Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......he land to him in the light of the provision of Article 10 of P. O 16 of 1972. Article 10 read as: "10. (1) The Government may cancel any allotment or terminate any lease or terminate the terms of any lease or agreement under which any abandoned property is held, occupied or manage......Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Referred T..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... Writ Petition No. 1001 of 1994. 2. The appellants i.e. Writ-Respondent Nos. 3-5, have also filed separate appeals. 3. The High Court Division made the Rule absolute in the following terms "The respondent Nos. 3-5 are required to attend the Parliament. They are directed to att...... Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others…&he..Category: Constitutional Law | Date: | Hits: 147
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......y;nal Procedure Code, held that this part of the sentence of imprisonment in default of payment of the fine is illegal. Section 33(1) Cr.P.C. empowers the Court of any Magistrate to award such terms of imprisonment in default of payment of fine "as is authorised by law in case of such d...... the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure……..(7) Lawyers Involved: A.W..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......302/34 of the Penal Code a but commuted the death sentence to transportation for life. 5. The appellants then sought leave to appeal before this court and leave-was granted on the following terms:— "Mr. Serajul Huq, the learned Counsel appearing for the petition...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Hazer Ali Mandal and others………....Appellant Vs. The State…&hellip..Category: Criminal Law | Date: | Hits: 52
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......atute shall be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the Act or arises by necessary and distinct implication” - Pe...... Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respondent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9(1), 9(2), 9(3) Interpretation of Sta..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......f Civil Procedure. These provisions are as follows: ''The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of......ul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das and others........................Respondents Judgment July 29, 1984. ..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......hury appearing for the plaintiff appellant contended that this reduction was arbitrary and without jurisdiction. There is no force in the argument: Order 41 Rule 33 is in the following terms: ''33. Power of Court of Appeal.— The Appellate Court shall have power ......dgment July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the pa..Category: Property Law | Date: | Hits: 38
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......as alleged to have been made by the accused on 09.10,1998, but the accused was not produced before any Magistrate to have his confession recorded. Moreover P.Ws. 4 and 6 did not State in what terms the accused confessed, i.e. the precise words used, indeed it would be surprising if the accu...... by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 527 of 2006 (From the judgment and order dated 04.05.2006 passed by the High Court Division in Death Reference No. 128 of 2003 wi..Category: Criminal Law | Date: | Hits: 45
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......park was opened for the General Public with the full satisfaction of the all concerned and that there is no allegation within long span of time that the City Corporation has violated any terms of the agreement and their activities were found detrimental to the public interest. ......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J The Chittagong City Corporation, City Corporation Bhaban, Anderkilla, Police Station-Kotwali, District-Chittagong and other……….....Petitioners Vs. The Executive Engineer, Public W..Category: Civil Law | Date: | Hits: 113
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......establishment of the River Research Institute (RRI) the petitioner voluntarily opted to be absorbed in the service of this institute and on his own joined in the service of the RRI by accepting all terms and conditions, The petitioner no longer remained as an employee of the Water Development Bo......ip;……………………….Petitioner Vs. River Research Institute, represented by the Director General of the Institute, Faridpur and others…………………………&hell..Category: Employment/Service Law | Date: | Hits: 92
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......ad upon the said land. While the defendant Nos. 1 and 2 were in possession in 5.86 acres of land, they were sued in Other Suit No.55 of 1966 by Baura Sheikh and Majir Uddin. That the suit ended in terms of compromise and the defendant Nos. 1 and 2's title and possession in the suit land was admi......vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and others…………………………&hell..Category: Property Law | Date: | Hits: 28
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......rst Statutes of the University runs as follows:- "45. (1) Every salaried teacher and officer of the University shall be appointed on a written contract which shall lay down the terms of appointment duties and emoluments of the employee concerned and the manner in which ......l) Present: Mustafa Kamal J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Dhaka University represented by its Vice-Chancellor, Dhaka University, Dhaka and another..........Defendant- Appellants. Vs. Syed Md. Ismail.......................Category: Employment/Service Law | Date: | Hits: 69
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......venience and inconvenience for granting temporary injunction was also against the plaintiff in as much as no irreparable loss or injury would be suffered by him, which cannot be compensated in terms of money. 6. Mr. Mahbubey Alam, the learned Additional Attorney General, submits that ......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and others...........Appellants Vs. Jahangir Alam and others..............Respond..Category: Property Law | Date: | Hits: 34
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......d control wall and dam from Shirair Tek to Mirpur Bridge in two groups 'A' and 'B'. The plaintiff offered tender which was accepted and the plaintiff completed the work as per schedule under the terms and conditions of the agreement and thereafter the plaintiff submitted bills for payment which...... Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J Syed JR Mudassir Husain J Dhaka City Corporation ...........Appellant Vs. M/s. Abdul Kader (Pvt.) Ltd. and others....Respondents Judgment April 15, 2003. Result: The appeal is ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... trial Court passed a preliminary decree under Order 34 Rule 4(1) C.P.C. for a sum of Tk. 8,85,485.39. Interest was refused on the ground that the block loan will not bear any interest as per terms and conditions and the plaintiff Bank did not file any proper account of sale of the ple...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment No..Category: Property Law | Date: | Hits: 28
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......ined on Other Suit No. 26 of 1983 is void, fraudulent and not binding. 9. An amendment may be allowed at any stage of the proceeding to alter or amend the pleading in such manner and on such terms as may be just and necessary for the purpose of determining the real question in controversy b......Civil) Present: Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Shamsul Haque... .....................Appellant Vs. Salenullah and others.......Respondents Judgment January 4, 2003. Lawyers Involved: M. G. ..Category: Procedural Law | Date: | Hits: 38
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......d jointly submitted the petition of compromise, dated 24-10-87. The Government was not a party to the compromise nor was any rule issued against it. The compromise was accepted by the Court and in terms of the compromise the appellate Court's judgment was reversed and that of the trial Court was......ate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant App..Category: Property Law | Date: | Hits: 32
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......Court of Senior Assistant Judge, Keranigonj to the Court of Subordinate Judge, Fourth Court, Dhaka and tried analogously with Title Suit No. 151 of 1994. The appeal is disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned a...... Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgment August 3, 1997. Lawyers Involv..Category: Property Law | Date: | Hits: 27
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ......endant being aggrieved by the said judgment of the High Court Division filed Civil Petition for leave to Appeal No. 1172 of 1997 before this Hon'ble Division and leave was granted in the following terms:- "Mr. M. A. Wahbab Miah, learned Advocate for the petitioner submits ...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003...Category: Property Law | Date: | Hits: 37
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