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Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....e find no substance 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) 558. ...... judgment. 5. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the Additional District Judge committed an error of land in not applying the settled principle of law that none but the contracting parties and the Government should be parti......podents Judgment January 15, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1518 of 2007. (From the judgment and order dated the 7th day of Augus......e find no substance 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) 558. ..Category: Property Law | Date: | Hits: 25
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......tances on record for the purpose of commutation of the death sentence, rather all the circumstances are aggravating. 6. We accept the above view of the High Court Division as it is a settled principle of law that the object of sentence should be to see that crime does not go unpunished and......3 accepting the same. 2. The prosecution case, in short, is that Khodaja Bibi alias Komola, the victim, was given marriage to the petitioner who, after the marriage, started maltreating her for money and as a result the relationship between them became strained and on the night following......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..Category: Criminal Law | Date: | Hits: 50
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......stroy completely the right vested to certain specified importers of taxicab upto 2000CC as has been provided by SRO No.56 dated 16.3.1999. 11. As regards the maintainability it is now established principle of law that since no disputed question of fact need be gone into and that only interpretat......he petitions are dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Mrs. Khalida Zahan, Advocate-on-Record-For the Respondent. Civil Review Petition for Leave to Appeal Nos. 18-25 of 2005. (From the judgment and order dated the 7th day of August......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ......Wadud Bhuiyan, Senior Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not represented- the Respondent Nos. 7-8. Civil Petition for Leave to Appeal No. 548 of 2008. (From the judgment and order dated 20th November, 2007 ......at the plaintiff-respondents are entitled to compensation without any basis as the suit land has not been acquired in L.A. Case No. 62/1964-65 and 14/165-65. 4. In this appeal the point for determination is whether the trial Court erred in law to dismiss the suit filed by the present appe..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......2 of 1993. 5. The Arbitration Miscellaneous Case No. 22 of 1993 was filed by the respondents herein against award made by the Deputy Commissioner in L.A. Case No.98 of 1985-86 which was initiated for requisition and acquisition of 60 decimals of land out of 86 decimals of land owned and possesse......he same was assessed through a private firm which is not at all acceptable in the eye of law" and thereupon made the order of remand for assessing value of the structures in the land acquired and for determination and assessment of compensation in other allied matters. 10. The respondents herein..Category: Alternative Dispute Resolution | Date: | Hits: 249
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......the question of custody is otherwise adjudicated by the competent Court and that till that time writ petitioner has absolute right to have the custody of the minors and that because of the settled principle of law the custody of the minors can not be with the respondent Nos. 1-3. 9. As ag...... Ozair Farooq, Advocate with him) instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 346 of 2007. (From the Judgment and Order dated 1.3.2007 passed by th......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 171
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......cogent reason, that appellate Court ought not have set aside the finding of the trial Court since the trial Court had opportunity of seeing demeanour of the witnesses and also observed that settled principle of law is that the appellate Court before setting aside the finding of the trial Court s......aintiffs claimed the land in suit as heirs of Ramhari Kasya. It is the case of the plaintiffs that the land in suit belonged to Ramhari Kasya in his raiyati right and he mortgaged the land in suit for 4 years and the said mortgage was a usufructuary one and after expiry of the said period of mor...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......manner provided by law. A party is not entitled to seek a review of a judgment delivered by this court merely for the purpose for rehearing and a fresh decision of the case and departure from that principle is justified only when circumstances of a substantial and compelling character made ......strative Appellate Tribunal, Dhaka in Appeal No. 61 of 1998 allowing the appeal on contest. 2. The short fact is that the respondent instituted Administrative Tribunal Case No.47 of 1995 before the Administrative Tribunal, Dhaka alleging, inter alia, that he was appointed as Lower Divisio......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..Category: Administrative Law | Date: | Hits: 159
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......on is that the plaintiff filed the suit before a competent court of jurisdiction but praying wrong relief under the wrong advise of the learned Advocate for the petitioner and it is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be s......d by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Petition for Leave to Appeal No. 275 of 2008. (From the judgment and order dated 24.9. 2007 passed b......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ..Category: Procedural Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......ntial building in C.S. Plot No.361 of mouza Shola. It is also the contention of the respondent that the approved plan was cancelled without prior notice and thereby there has been violation of the principle of natural justice. 3. Rule was opposed by the appellant (respondent No.1 in the w......37;-২/৩/২২৬২/৯৭/৩৯-২ dated 06.04.1999 (annexure-H to the writ petition) cancelling the permission which was given on 28.08.1997 for the construction for 20 storied residential building and thereupon cancelling the plan for the......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..Category: Property Law | Date: | Hits: 28
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......olved: Syed Mahbubar Advocate-on-Record-For the Petitioner (In both the cases). Md. Taufique Hossain, Advocate-on-Record-For the Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 822-823 of 2007. (From the judgment and order dated 11.2.2007 by t...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ..Category: Employment/Service Law | Date: | Hits: 57
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......rder of the High Court Division granting full relief's sought for in the revisional application in a summary manner without issuing any Rule upon the appellants or upon the State which is against the principle of natural justice. 5. Respondent Nos. 1's father died on 26th January, 1995. An applic......ce to the west of the house of Respondent No. 3, Sajjanashin of the Darbar of the house of Respondent No.3, Sajjanashin of the Darbar Sharif. On 18th March, 1995 the Respondent No. 1 filed petition before the Court of Magistrate, 1st Class, Chittagong alleging that on 17th January, 1995 his father A...... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888...Category: Criminal Law | Date: | Hits: 37
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......utes of judicial function and are requirements for disposal of an appeal. Since the legislature has expressed the two functions separately in section 6, it will be in consonance with the principle of interpretation of law that this separation should be kept in view while construing the......s the Administrative Appellate Tribunal, Dhaka and the extra-ordinary judgment which has been impugned in this appeal was passed by it on 11.4.94 in Appeal No. 43 of 1989. 2. Facts material for the purpose of disposal of this appeal, briefly, are that the appellant who was a Superint......he Act itself. 18. It is provided in section 6(1) that the Administrative Appellate Tribunal shall have jurisdiction to hear and determine appeals.............(emphasis added). Hearing and determination are undisputedly attributes of judicial function and are requirements for d..Category: Administrative Law | Date: | Hits: 110
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......igh Court Division in Civil Revision No. 2114 of 1990, discharging the Rule. 2. The respondents as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for declaration of an easement right over the suit pathway, confirmation of possession an......the appellant. 5. Leave was granted to the defendant-appellant to consider the submission that the plaintiff-respondents are not entitled to take the gas line under the suit pathway before determination of their alleged right of easement over the suit pathway and, further, even if t..Category: Procedural Law | Date: | Hits: 64
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......, by the accused is against the judgment and order of June 14, 1998 passed by a Bench of the High Court Division in Criminal Miscellaneous Case No. 160 of 1995. The High Court Division by the aforesaid order discharged the Rule. The Rule was obtained upon an application filed under section ......yet to be received by the said Court and as such the genuineness or otherwise of the said deed in the background of pendency of the Title Suit awaits adjudication. The question that calls for determination is whether the deed No. 86 dated 8-1-1976 which along with the plaint of Title Suit t..Category: Criminal Law | Date: | Hits: 50
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......s to the case of Bangladesh Parjatan Corporation Vs. Mofizur Rahman reported in 46 DLR (AD) 46. Facts of the said case are somewhat different from the facts of the instant one and as such the principle of estoppel that was considered in the reported case not fully applicable to the instant ......Pay Group 3(ii). He was promoted as Senior Traffic Assistant and was posted at Chittagong. On 26th August 1998 he sought permission from the Station Manager, Chittagong Airport to leave Chittagong for Dhaka but the said request was turned down. Inspite of turning down of the permission to leave ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..Category: Employment/Service Law | Date: | Hits: 95
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......tutional principle that treaties cannot affect rights and duties of persons in the United Kingdom unless their provisions have been incorporated into domestic law by legislation. That fundamental principle was illustrated in the G.C.H.Q. Case (Council of Civil Service Unions V. Minister for th......) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357; Wright, Crossly and Co. S.T.M. 15 RFC 131; Ellis & Co. T.M. 21 RFC 617; G.C.H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C. 58); K......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......t was prejudiced for any reason. The order of compulsory retirement was set aside only on the ground that it was based upon conviction on a criminal charge in a martial Law Court which is against the principle laid down in Monoranjan Mukharjee's case. Whether that case has been rightly applied will ......um-Bench Assistant in the First Court of Munsif, Sirajgonj District Pabna at the relevant time was tried by a Summary Martial Law Court under Regulation No. 11 of Martial Law Regulation No. 1 of 1992 for allegedly taking a bribe of TK. 25/- from a party, convicted there under on 14.11.1982 and s......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...Category: Administrative Law | Date: | Hits: 144
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......e High Court Division discharging the Rule Nisi in Writ Petition No. 688 of 1987. 2. Respondent No. 2, worker under the appellant, took leave upto 23-9-80 on 19-9-80. He fell ill and applied for leave from time to time. When he applied for leave for two months from 25-9-80 the appellant se......; 5. Leave was granted to consider the appellant's submissions (1) that the High Court Division erred in law in importing a new idea and a criteria of curability and period of illness for determination of the condition of "continued ill-health". (2) that the High Court Divisio..Category: Labour and Industrial Law | Date: | Hits: 72
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......p; Being aggrieved the heirs of defendant No. 1 presented this appeal. 7. Leave was granted to consider whether an attesting witness is bound by the contents of a document so as to suffer from the principle of estoppel and whether the High Court Division was justified in interfering with the conc...... owning, possessing and enjoying the entire 'A' schedule land inclusive of the 'B' schedule land. But defendant No. 1 encroached and trespassed upon the disputed 'B' schedule land. Hence the suit for declaration of title and recovery of possession in respect thereof. 3. Defendant No.1, on the......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..Category: Procedural Law | Date: | Hits: 36
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