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Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....e petitioners on several occasions made representations to the authority of Central Chemical Laboratory, Directorate General Control Directorate and lastly on 01.11.2007 served a notice for demand of justice upon the respondents requesting them to absorb the petitioners in the revenue budget as per ...... ..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
.....98 that the seats of the aforesaid members had not fallen vacant since they had neither resigned nor voted in the Parliament against their party (BNP). Each of the writ-petitioner than sent a demand justice notice upon on the speaker and thereafter field the writ petition raising various issues of ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....the inherent power under Section 561A of Code of Criminal Procedure does not provide the Court with any additional power beyond what it possess under the law inasmuch as in the law under our criminal justice sysÂtem no inherent power is available to admit any accused or convict to bail when the bai......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..Category: Others | Date: | Hits: 106
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......ation dated 18.11.1961 published in exercise of power conferred by Section 29 of the Forest Act, 1927 gazetted on 30.11.1961 and that the alleged sale deed of the petitioner is a forged and antidated document and the purchase of the suit land in 1968 is illegal prima-facie in view of notification da..Category: Property Law | Date: | Hits: 21
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
.... Judge of the High Court Division erred in law in reversing the judgment of the court of appeal below without dislodging the findÂings of facts and thereby committed error of law occasioning to that justice. The learned Advocate-on-Record further conÂtended that the learned Judge of the High Court......-petitioner will be at liberÂty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....g been admitted by the defendant Nos. 2, 3 and 5, the learned Single Judge without considering the said admitted fact affirmed the judgÂment and thereby committed error of law occasioning failure of justice. 8. We have heard the learned Deputy Attorney General and perused the conÂnected pap......rferÂing with the judgment of the court of appeal below in failing to consider that the learned Additional District Judge being the last court of facts should have properÂly considered the oral and documentary evidence on record and thereby committed error of law in dismissing the appeal withÂout..Category: Property Law | Date: | Hits: 25
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......o the share of land and portion of building as claimed by her in the suit and no decree of partition can be awarded to plaintiff. 4. Plaintiff and defendant No.7 led eviÂdences, both oral and documentary, in support of their respective claims. Four (4) witnesses were examined in proof of the..Category: Property Law | Date: | Hits: 22
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
....l authority and was of no legal effect. The learned Judges of the High Court Division discharges the rule without considering this point resultÂing in an error in the decision occasioning failure of justice. He lastly submits that the learned Judge of the High Court Division in their impugned judgm...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....h Court Division misread and misconstrued the eviÂdence on record on the issue of service of summons and arrived at a decision resulting in an error in the impugned decision occaÂsioning failure of justice. It is further submitÂted that at the time of preparation of the plaint, the plaintiffs cou......of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ..Category: Property Law | Date: | Hits: 35
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....wed by the Appellate Division. 11. Mr. Shaha next submits that the Appellate Division is empowered to review its judgment and order under Article 105 of the constitution and for doing complete justice the order dated 6.11.2008 may be allowed under Article 104 of the constitution of the People......ut despite such proof the trial court as well as the High Court Division decreed the suit by finding title and possession of the suit land in favour of the plaintiff without considering the documentary evidence which has caused miscarriage of justice. The Appellate Division further held th..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....titions For Leave To Appeal would have been otherwise and Pre-emptee-Petitioner would have been graced with favourable verdict and, as such, impugned Judgment may kindly be reviewed to secure ends of justice. 11. We have heard Mr. A. K. Badrul Huq, the learned Senior Advocate appearing for the pe......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..Category: Property Law | Date: | Hits: 27
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....garding political influence can also not be brushed away and further judges being human being they have emotion and sentiment but as held in case of State vs Mitkbul Hossain, reportÂed in 26 DLR 419 justice is blind and in the domain of justice, feelings, emotion and sentiÂment have no part to pla......nd there 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: 15 BLC (AD) (2010) 140. ..Category: Others | Date: | Hits: 93
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....g which is wanting in bona fides and is frivolous or vexatious. The Inherent power of the High Court Division, an extraordinary power to be exercised in extraordinary circumstances in the interest of justice, is generally exercised where no other remedy is available for obtaining justice in the caus......he abuse of the process of the Court but that power cannot be exerÂcised to hold a parallel trial only on the basis of the allegations made in the first information report, the police report and the documents collected during the enquiry or investigation of the case for the purpose of expressing an..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
.... confessional statement of co-accused Alaich Mahmud is not mainÂtainable." We find that the approach of the High Court Division is on correct principle of law and there has been no failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..Category: Others | Date: | Hits: 63
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......in a suit for declaration arises only when he is within limitation preÂscribed for the purpose in the Limitation Act and that the instant suit being for a declaration of title on cancellation of the document for transfer of the property in the suit and in the circumstances of the case the provision..Category: Property Law | Date: | Hits: 29
....sion committed no illegaliÂty in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
...... the petiÂtioner executed collateral security of Tk.33,50,000/- in favour of the plaintiff bank. But the plaintiff did not ultimately materialize the plaintiff bank with ill motive kept petitioner's document in his custody and suppressed the facts and filed the instant suit.
3. The plaintiff..
Category: Others | Date: | Hits: 84
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... consider his application. 12. The petitioner was verbally informed that his representation would be considÂered. Placed in such situation finding no other way but to serve a notice demanding justice to the respondents for canceling the memo dated 28.11.2008 to the writ petition. But till to......he evaluation of the petitioner's application. The concerned Upazilla Bhumi office in due course after physical verification submitted a report to the Upazilla Nirbahi Officer along with all relevant documents and the said Upazilla Nirbahi Officer in turn forÂwarded the said report with recommendaÂ..Category: Property Law | Date: | Hits: 26
....f his retireÂment. But the authority namely the Bangladesh Water Development Board did not pass any order upon that applicaÂtion. So the respondent No. 2, after serving a grievance notice demanding justice by registered post, which also the petitioner refused to accept, filed the complaint case.
......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...
Category: Labour and Industrial Law | Date: | Hits: 110
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....1972-82 and therefore, the property became an abandoned property as per operation of law and by discharging the Rule, and the High Court Division has not committed any error of law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed withÂout any or......; the property was surÂveyed on many occasions by the Government Officials who noted down the particulars of the house and was satisÂfied with the appellant's presence in the house and the relevant documents. The process server of the settlement court came to the aforesaid building on October, 199..Category: Property Law | Date: | Hits: 37
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