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Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....nusable property capable of division may be lawfully transÂferred by Heba-bil-Ewaz and as such the Heba-bil-Ewaz deed No. 37889 is valid and thereby made an erroneous decision occasioning failure of justice. It is also submitted that the High Court Division committed an error of law misconceiving H......sistant Judge on the finding that the judgment and decree arc liable to be set aside as was not made in accordance with law. The plainÂtiffs totally failed to prove their case by collateral oral and documentary evidence. Against the judgment and decree dated 15.06.1999 the plaintiff preferred Civil..Category: Property Law | Date: | Hits: 33
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
...... 18th of February, 2000. The effective date of the contract so signed by the respective Pre-shipment Inspection Agency was 15tn of February and the period of contract was for 36 months. In the tender document the bidder in its financial proposal was required to include all expenses including the tax..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Anti-Corruption CommisÂsion Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... The Penal Code, 1860 (XLV of 1860) Section 409 The Prevention of Corruption Act, 1947 (II of 1947) Section 5(2) The Criminal Law Amendment Act, 1958 (XL of 1958) Section 4 A fugitive from justice cannot obtain justice without surrendering to the due process of law. Case Referred To- ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
....of the respondent No. 1 as per said clause-2 of the appointment letter of the respondent No.1 and, as such, the judgment and order of the High Court Division is liable to be set aside for the ends of justice. The learned Counsel finally submitted that from the plain reading of the impugned order of ...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...Category: Employment/Service Law | Date: | Hits: 68
....C 149 Indian Supreme Court held as under:-
"The profession of lawyers is an essential and integral part of the judicial system and lawyers may figuratively be described as priests in the temple of justice. They assist the court in dispensing justice and it can hardly be disputed that without thei......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
.... appreciate the observation of the Appellate Division made on 5.5.2003 in Civil Petition for Leave to Appeal No. 328 of 2003 and thus the decision of the High Court Division has occasioned failure of justice. 8. We have perused the judgment passed by the Appellate Division referred to above a....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......se was contested by the plaintiffs. They also filed a review miscellaneous case No. 12/1979-80 against mutation of the names of Defendants. 4. The trial Court on consideration of both oral and documentary evidence dismissed the suit. On appeal being Title Appeal No. 277 of 1993 by the plainti..Category: Property Law | Date: | Hits: 34
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....he Madrasa education it was competent to pass the impugned order in the interest of maintaining a reasonable standard of education imparted in the Madrasa. Consequently there has been a failure of justice. 8. Mr. Md. Nurul Amin, the learned Advocate for the respondents argues that the can......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..Category: Employment/Service Law | Date: | Hits: 146
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....and prior to any default in the payment of two successive installments, as per the privileges allowed, filed the suit, which, therefore, is improper as well as against the principle of natural justice and bad in the eye of law. 6. Considering the fact and circumstances of the case, we......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..Category: Civil Law | Date: | Hits: 136
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....d possession was required to be upset by the High Court Division by adverting to and on proper discussion of the material evidence on point which was not done and as such there has been failure of justice. 9. We have heard the learned Advocate-on-Record and perused the connected papers in......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..Category: Property Law | Date: | Hits: 138
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......e-fathers and as such, the petitioners are genuine cultivators of shrimp by profession. One Anisul Haque was the original lease holder of the disputed shrimp khas land and in this connection a document was made between the original lease holder and the authority concerned but in fact the or..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......Nos.1 and 2 as heirs of their father Rosmoy datta, were the owners in possession of the suit land; the brother in law of the plaintiff filed Title Suit No.103 of 1996 for declaration that the document is void and the plaintiff mutated her name in the record of the suit land illegally and se..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ...... decree as prayed for? 7. The plaintiffs examined three witnesses and the contesting defendants also examined three witnesses. 8. The trial Court on consideration of the oral and documentary evidences on record and the submissions of the learned Advocates of the contesting part..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....c case mentioned in rule 23. The court may also order a remand in cases other than those covered under rule 23 and may do so also under section 151 of the Code if it becomes necessary for the ends of justice. Even the High Court Division can make an order of remand while exercising revisional jurisd......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....¦â€¦Respondents. Judgment January 18, 2010. Result: The writ petitioner is directed to surrender. The order of stay will continue till the disposal of the writ petition. Fugitive from justice A fugitive from justice is not entitled to obtain a judicial order defying the process of......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....law in treating the suit lands as the joint property of me plaintiff and the predecessor of the defendant Nos. 1-3 without properly evaluating the evidence on record which has caused miscarriage of justice; that Balaram, predecessor of the defendant Nos. 1-3 was the Karta of the joint family and ...... filed in the Court of Subordinate Judge, Kishoregonj and the plaintiff claimed the ownership that whatever was earned by Balarma was earned from the income of joint family. This document esxhibit-2 is supported by the application of compromise. Both the P.W.'s 2 and 3 are sig..Category: Property Law | Date: | Hits: 99
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....ourt set aside the decree passed by the trial Court, as such, the judgment of the appellate Court being not a proper judgment of reversal liable to be set aside, since it has occasioned failure of justice; that late Badruzzaman, the predecessor of the plaintiffs and contesting defendants was an ......chedule to his grand sons viz. defendant Nos.1-4 vide registered deed of gift dated 02.02.1971 and 22.04.1978 and delivery of possession was made accordingly. Badruzzaman executed and presented the documents for registration. The plaintiffs were aware about the gift and did not raise any objecti..Category: Property Law | Date: | Hits: 92
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....on misread. Misconceived and misinterpreted the facts and circumstances of the case and evidence on record and has committed an error of law resulting in an error in decision occasioning failure of justice and as such the impugned judgment and order is not tenable in the eye of law. He further su......ng as P.W.2 admitted the same. It was also stated in the application filed under Order 9 Rule 13 of the Code by the petitioner that office peon of the Pourashava is appointed only to receive postal documents and summons on behalf of the Pourashava. Evidence shows he received the same on 15.06.19..Category: Procedural Law | Date: | Hits: 143
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
.... and licence to the writ petitioner within 2 weeks from the date of receipt of the order holding, inter-alia, that the action of the respondent No.4 was contrary to the principle of Administrative justice and was not at all fair and which could not be approved by any man of ordinary prudence. ......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
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