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Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)

.... or infirmity in the 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) 111. ......l Court to dispose of the suit within the stipulated period of 6(six) months as directed. 4. As it appears the High Court Division disposed of the miscellaneous appeal and the connected Rule holding that both the parties are the co-sharers in the suit land and the plaintiff respondent cla..

Category: Property Law | Date: | Hits: 27

Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ......r and to submit report. Thereafter, the respondent No.8 in accordance with the letter of the Registrar submitted an inquiry report wherein the Upazilla Nirbahi Officer, opined that the removal and holding up of the salary and other benefits of the writ petitioner were illegal and malafide. There..

Category: Employment/Service Law | Date: | Hits: 77

State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)

....arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......on, visit­ed the place of occurrence, prepared sketch map with separate index of the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding post­mortem examination, seized alamats by preparing seizure list, examined the wit­..

Category: Procedural Law | Date: | Hits: 79

Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....llant hope­lessly failed to prove his case, so there being no substance the appeal is accord­ingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ...... Judgment Md. Hassan Ameen J. - This appeal upon leave is directed against the judgment and order of the High Court Division dated 05-11-1998 in Writ Petition 5629 of 1996 discharging the Rule holding that the peti­tioner failed to prove by adducing any material that the case property, is no..

Category: Tenancy Law | Date: | Hits: 155

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ...... three huts and the plaintiffs are in possession of the land through the tenants, the defendants, that defendant No.1 upon executing an agreement of ten­ancy for 5 years entered into the hut in holding No.1075 at a monthly rent of Tk.100.00, that defendant having not cleared the rent, a suit,..

Category: Property Law | Date: | Hits: 23

M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and oth­ers, 2007, 36 CLC (AD)

....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ...... such the impugned fixation is liable to be declared to have been made without lawful author­ity and is of no legal effect. He then sub­mits that the High Court Division erred in law in not holding that the impugned tariff value to be fixed without constituting Advisory Committee and with..

Category: Fiscal/Taxation Law | Date: | Hits: 70

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......same. 16. Initially one Nannu Mia informed the death of Peara Begum to the local Police Station and one U.D. case was registered. The police went to the place of occurrence and after holding inquest of the dead body of the deceased sent the same to the morgue for post mortem examina..

Category: Criminal Law | Date: | Hits: 62

Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)

.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ......of the Employment of Labour (Standing Orders) Act, 1965 writ petition challenging such decision was not maintainable being miscon­ceived. He lastly submits that the High Court Division erred in holding that an enquiry by the petitioner into the griev­ance by affording a personal hearing t..

Category: Employment/Service Law | Date: | Hits: 81

S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)

....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 4. The High Court Division after hearing the parties discharged the Rule holding that recounting of ballot papers is permissible in law and in so holding the High Court Div..

Category: Election Law | Date: | Hits: 98

Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......of 1982 reversed the judgment and decree of the trial Court on the finding that the plaintiffs would not entitled to the benefits under the said provision and that trial Court was quite correct in holding that plaintiffs would be  entitled to the benefits of benevolent fund and group insura..

Category: Employment/Service Law | Date: | Hits: 82

Shabul Miah Vs. State, 2008, 37 CLC (AD)

.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 986. ......perused the judgment and order of the High Court Division and the evidence and other materials on record. 4. As it appears the High Court Division dismissed the Jail appeal of the petitioner holding that there is no blemish or false­hood in the testimony of RWs. 1, 2, 3, 4,5, 6, 7 and ..

Category: Criminal Law | Date: | Hits: 39

Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)

.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ...... Judge having considered oral evidence of Pw.1 and the plan approved by the Municipality (Exhibit-2), the High Court Division committed an error in reversing the judgment of the learned S.C.C Judge holding that no ground of bonafide requirement was made by the plaintiff. 6. Aynuddin, the l..

Category: Property Law | Date: | Hits: 32

Md. Shahabuddin Vs. Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd., 2007, 36 CLC (AD)

....illegality or infirmity in the 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) 40. ......ordingly not in a position to deposit the 2nd installment of Tk. 15,00,000/- by 20.4.2003 prayed for further time but the High Court Division, rejecting the prayer for time, vacated the order of stay holding that because of the default of the petitioner, the order of stay dated 7.3.2007 stood vacate..

Category: Civil Law | Date: | Hits: 120

S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ...... of that Managing Committee expired on March 6, 2001. Since the election was not held under the out­going Managing Committee an Ad-hoc Managing Committee was formed for a period of 90 days for holding election of the Managing Committee of the Samity. The said Ad-hoc committee could not hold ..

Category: Civil Law | Date: | Hits: 126

Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)

....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......th the prayer for partition of the land of 'Ka' schedule. 21. The learned Advocate-on-Record sub­mitted that the High Court Division as well as the Court of appeal below were in error in holding that the defendants were to prove their case of auction purchase of the land of 'Kha' and '..

Category: Property Law | Date: | Hits: 32

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......rial fact and evidence on record in this regard. 11. Admittedly the plaintiff is a co-sharer in the C schedule land with the defendants. The High Court Division has therefore erred in law in holding that the plaintiff acquired title to the said 'C' schedule land by adverse posses­sion ..

Category: Property Law | Date: | Hits: 42

Abu Taher Vs. Bangladesh, 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: 14 BLC (AD) (2009) 19. ......that the property has been rightly included in the list of abandoned buildings. The Court of Settlement, after hearing, allowed the case excluding the property from the list of abandoned buildings holding that the Government did not submit any office file to justify the inclusion of the case pro..

Category: Property Law | Date: | Hits: 29

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......nd sen­tence accused Md. Sabuj only filed Criminal Appeal No. 491 of 1986. A Division Bench of the High Court Division allowed the appeal and set aside the aforesaid order of conviction and sentence holding that the accused could not be regarded as having absconded, because they were on bail and su..

Category: Anti-Corruption Laws | Date: | Hits: 139

Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)

....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 898. ......ay inspire confidence in the mind of the Court, but in the present case, there is no independent corroboration of evidence and as such the learned Judges of the High Court Division erred in law in holding that the accused-petitioners guilty for the offence charged and thereby came to an erroneou..

Category: Criminal Law | Date: | Hits: 22

Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)

....round of above discus­sion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......te of issuing of the said release letter and also stopped paying wages to the respondent No. 2 till 11-05-1988. The respondent No.1 further stated that the petitioner appointed an inquiry officer for holding inquiry against him and on the basis of said inquiry report, the petitioner imposed punishme..

Category: Employment/Service Law | Date: | Hits: 87