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Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......lant filed the said Election Petition before the High Court Division for declaring him as an elected Member of the Eighth Jatiya Sangshad form the Constituency No. 284, Chittagong-6 (Rauzan) after holding that the Election of the respondent No.1, A.B.M. Fazle Karim Chowdhury as void because of i..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....udge of the High Court Division committed an error of law in not considering the evidence of the those witnesses and wrongly set aside the appellate Court's judgment by mere comparing the disputed signatures with those of the admitted signatures of said Debendra Chandra Sharma unde......of the court to compare and scrutinize the disputed signatures with the admitted signatures under provision of section 73 of the Evidence Act but the appellate Court has fallen in an error in holding that such comparison of the disputed signatures by the Court along with the admitted signat..Category: Property Law | Date: | Hits: 27
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... division and this division upon hearing the Petitioners, learned Advocate, scrutinizing the petitioner on 02.04.2002 and the judgment of the court below dismissed the leave petition on 02.04.2002 holding that the petition was not maintainable in as much as petitioners did not surrender before t..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....emption of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11.1991 and registered on 24.02.1992 claiming co-sharership in the disputed holding by purchase. It was the case of the pre-emptors that to defeat the claim of pre-em......of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11.1991 and registered on 24.02.1992 claiming co-sharership in the disputed holding by purchase. It was the case of the pre-emptors that to defeat the claim of pre-emption pre..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......ivil Appeal No. 76 of 1997 before this Division which allowed. This Division found that the High Court Division had committed an error in misapplying section 16 of the Land Acquisition Act, 1894 by holding "therefore, the suit land has not yet been vested absolutely in the Government and th..Category: Property Law | Date: | Hits: 20
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ...... also considered the judgment passed by the High Court Division as well as submissions made by the respective parties. We are of the view that the High Court Division has committed error of law in holding that the Rules and regulations of the Bangladesh Power Development Board (Employees) Servic..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......delivery of the goods in part unless the outstanding dues in the aforesaid (LTM) accounts were settled. Therefore, we are of the view that the High Court Division has committed an error of law in not holding that the suit is clearly barred by limitation and the High Court Division ought not to have ..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......87. (1) if a raiyat or under raiyat voluntarily abandons his residence without notice to his landlord and without arranging for payment his rent as it falls due, and cases to cultivate his holding either by himself or by some other person, the landlord may, at any time after the ex..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
.... and order dated 04.11.1999 passed by a Division Bench of the High Court Division in the First Appeal (Probate) No. 246 of 1996, allowing the appeal on compromise and granting probate upon the disputed will and thereby setting aside the judgment and order dated 20.05.1996 passed by the Addit......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ..Category: Civil Law | Date: | Hits: 114
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......bservations made by the Administrative Appellate Tribunal. The first point raised by the Additional Attorney General is that the Administrative Appellate Tribunal committed wrong and illegality in holding that drawing up for the proceeding against the respondent by appellant No. 3 i.e. Metropoli..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....erial document Ext. 1 and non consideration of this vital evidence by the final court of fact has resulted in a gross error of law which has occasioned a failure of justice. 11. It is undisputed that the respondent Nos. 1 and 2 are bonafide purchasers for valuable consideration w......ince no suggestion with respect to insertion of the word 'Bhadra' and the corresponding date was given to him, the learned Single Judge of the High Court Division committed illegality in holding that those were subsequently inserted and as such the bainapatra Exhibit-1 was forged ..Category: Property Law | Date: | Hits: 31
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......raming charges against the appellant so that nobody can lodge vexatious and malicious prosecution. In such view of the matter it is argued that the High Court division committed error of law in not holding that in the facts and circumstances of the case there was no sufficient materials before t..Category: Criminal Law | Date: | Hits: 47
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....ther) to the heirs of Bashir Mohammad and Kasir Mohammad and that the labials by which plaintiffs purchased the land in suit from the successive heirs of Bashir Mohammad and Kasir Mohammad are not disputed by the defendants or were not rejected by any court the High Court Division was in error i......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....ptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant, subsequently, when the atto......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..Category: Property Law | Date: | Hits: 28
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......Leave was granted in the following terms:- "Mr. A. F. Hasan Arif, learned Advocate for the plaintiff petitioner, submits that the High Court Division fell into an error of law in holding that the onus to prove lay upon the plaintiff inasmuch as the plaintiff being an infirm, i..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ...... not similarly situated in that the former is a case of re-employment and latter are cause of reinstatement and as such the learned Judges of the High Court Division committed an error of law in holding that the impugned order dated 24.11.93 is arbitrary and discriminatory. He next..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....mployee of any local authority, statutory corporation or body corporate or of any other body or organization constituted or established under any law". 9. It is not disputed that the M/S. Master Industries Ltd. is a Private Limited company established by its spons......er the Criminal Law Amendment Act, 1958 and if any offence has at all been committed the same is tribal by the ordinary Criminal court. The High Court Division, therefore, committed error of law in holding that the managing Director or an employee of a private company is a public servant wit..Category: Criminal Law | Date: | Hits: 40
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
....that submissions so made merits consideration. 8. The appellant has been convicted on November 11, 1992 and it has been submitted that since then he is in jail. The submission so made is not disputed from any corner. In the background of the facts it appears that the appellant by now has s...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..Category: Criminal Law | Date: | Hits: 41
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......suit property is not an abandoned property. He further submits that High Court Division wrongly shifted the onus on the defendant petitioners without appreciating that the corporation holding Exhibit-5 did not relate to the suit property and no case has been made out about creation..Category: Property Law | Date: | Hits: 29
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....lic authorities or officers together with certain corporation exercising certain public function. At a time when the order of dismissal in respect of the respondent No. 1 was made undisputedly the form of Government being Presidential on it was the president alone who was legally ...... is that provision of section 6 read with the provision at SI. No.75 (1) of Schedule III of the Rules of Business attracted or not in the case of respondent No.1. The respondent No. 1 was holding the post in the service of the Republic at the scale of pay Tk.3700-4425/-. The officers of..Category: Administrative Law | Date: | Hits: 95
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