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Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......nding and thereafter by letters dated 20-9-1998 and 27-9-1998 showed the petitioner removed from his service with effect from 12-9-1998. The High Court Division, after hearing, discharged the Rule holding that the impugned order has been passed by the respondent No. 7, the Principal of Rifles Pu..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity 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: 60 DLR (AD) (2008) 9. ......w wife leaving defendant No. 3; the defendant No.3 then, with an ulterior motive, applied to the Government for allotment of the suit land in her favour whereupon the defendant No. 1, without holding any inquiry, served notice dated 19-1-1996 upon the plaintiff to hand over possession ..Category: Property Law | Date: | Hits: 37
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......lant's uncontested election and prayed for cancellation of the un-contested election, for a direction upon the Returning Officer to accept his nomination paper and also for a mandatory injunction for holding an election afresh. The plaintiff-respondent simultaneously filed an application for tempo..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......were the properties of Subasini, her brothers would be, according to Dayabhaga Law, her heirs in preference to Haripada and his brother. This view of the District Judge was reversed by the High Court holding that Haripada and his brother were entitled to oppose the grant of the probate. Then the c..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......'s father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties, three houses being holding No. 5 Bakshibazar, Dhaka; House No. 18-A, Road No. 20, Dhanmondi Residential Area and hold..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......g proceeding with the Execution Case No. 18 of 1980. 3. Leave was granted to consider the submission that the learned Judge of the High Court Division has erred in law in holding that Article 182(5) of the Limitation Act applies in the instant case and the Execution Cas..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... was satisfied about the reason of delay in filing the appeal and considered the facts as correct since "were not denied by the petitioner" i.e. plaintiff and thereupon made the Rule absolute upon holding "that the delay occurred in obtaining opinion from different offices of the Government and ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......rom the premises as mentioned in those suits. 13. At the hearing of the leave petitions, Mr.S.R.Pal, learned Advocate for the appellants, submitted that the High Court division was wrong in holding that the suit was not maintainable on the principle of 38 DLR (AD) 97 because in this case ..Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......etitioner being an employee of an industrial enterprise fully controlled by Bangladesh Jute Mills Corporation established under President's Order No.27 of 1972, the High Court Division was wrong in holding that he was in the service of the Republic and as such not entitled to maintain the writ p..Category: Employment/Service Law | Date: | Hits: 84
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......t no one kidnapped her. The statements of other witnesses including her mother also, according to the learned Advocate, echoed the aforesaid statement of the victim and therefore, the police after holding thorough investigation submitted final report against the petitioners and that in such view..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......have been made without lawful authority and to be of no legal effect." 9. Leave was obtained for the consideration of the submissions that the High Court Division was in error in holding that there was no bar in considering the case of promotions of an employee while he is..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......vest itself with jurisdiction where it is not conferred by law. 12. The view we have taken in this matter finds support from the said decision. And we have, therefore, no hesitation in holding that the High Court Division was not at all right in passing the impugned order. The fact t..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......Shishu Nirjatan (Bishes Bidhan) Ain, 1995 and not under the provision of repealed law i.e. the Cruelty to women (Deterrent Punishment) Ordinance,1983. The Court below is directed to take steps for holding the trial of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 ..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......d order dated 09-07-1990 passed by the Session Judge Rajbari in Sessions Case No.5 of 1991 which arose out of Rajbari P.S Case No. 2 dated 09-07-1990 being G.R No. 47 of 1990. Sessions Judge After holding trial convicted the petitioner under section 302 of Penal Code sentencing him to suffer imp..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......g delivery of the Trawler in question to the petitioner on executing a Jimmanama for TK.1,50, 00,000/-. 8. Mr. Ahmed further submitted that the High Court Division has erred on facts in holding that the possession of the Trawler has not been handed over to the petitioner which is mani..Category: Property Law | Date: | Hits: 31
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......s by the appellate Court that the plaintiffs were all along in possession of the property left by Jatindra Nath Saha, the High Court Division was in error placing reliance on Ext. E series in holding that defendant No.1 acquired title by adverse possession in the land in suit, that the High..Category: Property Law | Date: | Hits: 23
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......d Sessions Judge for trial, which was registered as Sessions Case No. 24 of 1998. 4. Facts necessary for disposal of the Criminal Petition for Leave to Appeal No. 190 of 2003 are that after holding investigation by the police while submitting report under Section 173 of the Code of C..Category: Criminal Law | Date: | Hits: 41
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......ointed earlier as Professors and that the High Court Division had erred in interpreting and construing section 44 of Further Statutes of Bangladesh University of Engineering & Technology in not holding that the Writ Petition was not maintainable as the writ petitioner respondent No. 1 did no..Category: Employment/Service Law | Date: | Hits: 87
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ....... Ansarinor any mutation paper nor any municipal record have been produced to prove the claim of the respondent. In view of the aforesaid we hold that the High Court Division misdirected itself in holding that when there was a registered deed of gift the respondent has a genuine and strong claim..Category: Property Law | Date: | Hits: 43
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......not advert to the findings and decisions of the trial Court and thereupon did not reverse the finding of the trial Court based on evidence. In our view High Court Division was not in error in holding that from the defendants' side evidence was lacking to establish the case of surrender..Category: Property Law | Date: | Hits: 35
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