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Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......ে পারিবেন” 5. Mr. Asarul Hossain, the learned Advocate appearing for the petitioner, submits that the present case of former Chief Justice Shahabuddin Ahmed comes within the purview of aforesaid provision of the constitution, particularly under the Bengali version of the above..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......the part of the persons who saw the occurrence to identify the accused-petitioner in a positive manner; that the motive alleged for the murder by the convict-petitioner does not inspire confidence in view of the fact that in the absence of any motive the killing of the victim by the petitioner does ..Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......abduction. We have also noticed that the petitioners arc tender aged boys of about 25 years and there is no allegation that they have committed any other offence earlier. They are first offenders. In view of the above we are of the view that the High Court Division acted illegally in maintaining t..Category: Criminal Law | Date: | Hits: 70
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......n, Advocate-on-Record- For the Petitioners (In both the cases). Fida-M-Kamal, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In both the cases). Civil Review Petition Nos.101-102 of 2010. (From the judgment and order dated 2.11.2009 passed by the App..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....him at the time when the order was made or when some mistake or error on the face of the record is found or of any analogous ground but review is not permissible on the ground that the decision was erroneous on merits or on the ground of selling the property at a low price. 7. It is well settle......nstructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondents. Civil Review Petition No.13 of 2011. (Prom the judgment and order dated 10.6.2010 passed by the Appellate..Category: Property Law | Date: | Hits: 81
.... XXI, rule 89 of the Code read with section 57 of the Artha Rin Adalat Ain, 2003, the learned Judge of the High Court Division erred in law in affirming the order passed by the executing Court on the erroneous approach that the second application with the deposit of shortfall having been filed after...... deposited the same which shows their bona fide and anxiety to set aside the auction sale, the High Court Division fell into an error in not interfering with the order of the executing Court on the view that the deposit of the shortfall was made after more than 2(two) years. Mr. Islam has lastly c..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ...... those passed by the appellate Court; hence this petition for leave to appeal. 10. Mr. Bishwa Deb Chakrobarty, learned Deputy Attorney General, appearing for the petitioners, has contended that in view of the fact that notice to surrender possession of the suit property was given to the plainti..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
.... Appellate Court and the Revisional Court to the effect that the possession on the basis of an unregistered deed executed by the owners of the land could not constitute adverse possession is wholly erroneous. The learned Advocate for the defendant-petitioner has argued that the defendant-petitione......gment and order of the Appellate Court the defendant No.1 preferred Civil Revision No.2294 of 2009 but the revisional court also upheld the judgment and decree of the Appellate Court holding the same view and making observation to the effect that possession on the basis of unregistered Kabala could ..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......e of contract against defendant-respondent No.1 (hereinafter referred to as the defendant). In the suit the Government of the People's Republic of Bangladesh was also impleaded as defendant No.2 in view of the provisions of President's Order No.142 of 1972. 3. The plaint case, in short, was tha..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......n and supplementary affidavit to the affidavit-in-opposition contending, inter alia, that the petitioner no. 1 has no locus standi to file the present writ petition as it is not a person aggrieved in view of the facts and circumstances of the case. It has also been stated that the petitioner nos. 2,..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232....... but the court rejected the petition and closed the evidence and passed the judgment on 14.2.89 which is on the next day and decreed the suit. Against the judgment and decree the defendants filed a review petition under Order 47 read with section 151 of the Code of Civil Procedure on 14.3.89 which i..Category: Procedural Law | Date: | Hits: 111
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......her to purchase the premises but petitioner was surprised to receive a letter issued by respondent No.2 contained in Memo. No. Sha10/Shuk‑73/79/293 dated 17.4.85 intimating the petitioner that in view of the policy of the Government that the abandoned property would not be transferred to the Ist..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......s under section 161 of the Code of Criminal Procedure particularly those of P.Ws.2, 3, 5, and 6 were recorded by the investigating officer at a very belated stage without any reasonable ground and in view of such delay in recording the statement of the P.Ws. under section 161 CrPC, their evidence ou..Category: Criminal Law | Date: | Hits: 73
....eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ......true. He was terminated from the service upon compliance of formalities. The writ petition is liable to be dismissed.
4. The High Court Division upon hearing the parties observed:
"We hold the view that this sort of collection is undoubtedly beyond the scope of law and for alleged misappropri..
Category: Employment/Service Law | Date: | Hits: 109
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....bainapatra of the plaintiff. 9. The plaintiff-petitioner has filed this civil petition for leave to appeal on the main grounds that the observations and decisions of the appellate court have been erroneous, inasmuch as the appellate court did not reverse the clear findings of the trial court......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....ositing the solenoid valve on the date of survey keeping the same with him for 5/6 days is not a criminal or mala fide action on his part as contemplated u/s 17(3) of the Standing Orders Act." is erroneous and contrary to materials and evidence on record inasmuch as it was admitted by the respon......although, he had to give statement before the domestic enquiry denying the above fact to escape his liability as he is still in service of the second party along with Mr. Din Mohammad." 8. In that view of the case the Labour Court that die conduct of the first party (respondent No.2) in depositin..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......handed after a chase. The learned Advocate for the State, however, opposes the prayer for bail. 7. We have considered the submissions of the learned Advocates on the first point and we are of the view that the submissions relate to the merit of the case which can be decided only on evidence at t..Category: Criminal Law | Date: | Hits: 68
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......gment of the trial Court without adverting to all the points raised and decided by the learned trial Court making out a third case and hence the impugned judgment cannot be sustained in law. 9. In view of the above, the Rule is made absolute and the judgment and decree of the court of appeal belo..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......cision of the High Court Division was upheld by the Appellate Division which has been reported in 30 DLR (AD) page 10 1 and in that decision of their Lordships of the Appellate Division confirmed the view taken further held that the power regarding the formation of the opinion cannot be delegated to..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......6.87 but it also received no response. The true copy of appeal dated 12.12.87 and that of justice demand Notice dated 27.6.87 are put in and marked as Annexures ‘C’ & ‘D’ respectively. In view of the above situation petitioner filed this application as no other efficacious remedy was ava..Category: Administrative Law | Date: | Hits: 164
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