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Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......ght, title and interest to the purchaser-respondent No.1 hereof on the basis of said deed but the High Court Division misconstrued the facts as well as the relevant law and thereby arrived at a wrong decision occasioning failure of justice and that the High Court Division also arrived at a wrong dec..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......rial Court considering the weakness of the defendant in failing to place evidence in support of their case. 11. It appears that the High Court Division in detailed discussions has arrived at its decision which is in accordance with law. In arriving at its decision the High Court Division ha..Category: Property Law | Date: | Hits: 31
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......t there was no illegality committed by the (respondent No.2 in suspending the petitioner on account of pendency of criminal cases against the writ-petitioner. 5. A Division Bench of the High Court decision upon hearing the parties found that the opinion formed by respondent No. 2, in the facts of..Category: Election Law | Date: | Hits: 96
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550....... District Judge evidently erred in law in passing the impugned judgment ignoring the rules of pleadings and on illegal and irrelevant considerations and the same has resulted in error in the impugned decision occasioning failure of justice. The learned Advocate further submits that in view of the pr..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531....... held on 22nd of July, 2001. The learned Counsel further submits that there are divergence of opinion as to the point of time when the stay order comes into force and he has referred to the following decisions namely, 47 CWN 186, 1960 PLR. West Pakistan) Vol 11 page 751, AIR 1992 (SC) 1439 and 1992 ..Category: Civil Law | Date: | Hits: 70
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....e 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: VII ADC (2010) 885. ......cused in a positive manner, the High Court Division and the trial Court totally failed to evaluate the entire facts, circumstances and evidence on record in the right direction leading to erroneous decision; that the High Court Division was wrong in passing the impugned judgment and order on wholl..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
....hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mere surmise and conjecture. The learned Additional Attorney General also submitted th..Category: Criminal Law | Date: | Hits: 47
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....have arrived at a correct decision. 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) 871.......ved at the findings that the "appellate Court misread the evidence as regards possession and dispossession of the plaintiff-petitioner(s) in the suit land resulting of which came to the erroneous decision." The learned Judges also on consideration of the sale deed dated 25th February, 1948, ext-..Category: Property Law | Date: | Hits: 30
.... the establishment of the rule of law. The Judiciary is one of the three organs of the Republic. The Constitution vests the executive power of the Republic upon the Executive under Article 55(2). The legislative power of the Republic has been vested upon the Parliament under Article 65(1). And the j......ce struck at the heart of the independence of the judiciary by not appointing him and five other Additional Judges as Judges of the Supreme Court in February 2003. Arbitrary, mala fide and capricious decision of non-confirmation by the then Government despite the recommendation of the Chief Justice ..
Category: Constitutional Law | Date: | Hits: 252
....rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
......asis of which the writ petitioners applied, contain a condition to the effect that the Bangladesh Railway Authority reserves its right to reject any application without assigning any reason and its decision shall be final, and that some of the candidates, who applied in response to the earlier not..
Category: Employment/Service Law | Date: | Hits: 86
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ...... has neither been stated nor the injuries, as a result, were alleged. The High Court Division has rightly held that the value of FIR is only to corroborate and contradict the informant referring to a decision reported in the case of Nur Ahmed Vs. the State reported in 1971 SCMR 398. In the instant c..Category: Criminal Law | Date: | Hits: 26
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811....... award/compensation of the value of per decimal of land of the petitioners. 4. The respondent Nos.6-8 perusing the total 6 deeds of sale as above mentioned in Annexure-H series, arrived at a wrong decision in assessing award/compensation. The respondents calculated the award that Purchaser-Kaye..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......nor as before on condition that no property of the minor could be transferred without prior permission of the Court. The petitioners then took an appeal therefrom and the appellate Court affirmed the decision of the learned Assistant Judge that in the facts and circumstances of the case the welfare ..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......ior Counsel, read the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction against construction in respect ..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law, resulting in an error in the decision occasioning failure of justice, the High Court Division may make such order in the case as ..Category: Property Law | Date: | Hits: 37
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......n. He also defended the impugned order on the reason that such amendment would result in change of the nature and character of the plaint even if not of the suit. Mr. Morad Reza relied open number of decisions, which we shall shortly consider.
9. By filing another affidavit-in-opposition on behal..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......ndings of fact arrived at by the Courts below. The learned Advocate for the petitioner has not been able to point out any misreading or non-consideration of the evidence by the courts below affecting decision of the case. The leaned appellate Court appears to have relied upon the decision given by t..Category: Procedural Law | Date: | Hits: 75
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......f the decree or order appealed from adversely affects a person he should be permitted to challenge the same in appeal even if he was not made a party to the original suit or proceeding.”
12. The decision given in the case referred to above is applicable in the present case. So, we hold that thi..
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......tion 4(1) of the Anti-Corruption Act, 1957 cannot be delegated and the initial satisfaction, before proceeding against the appellant, must be of the Government. Their Lordships in the above mentioned decision agreeing with the view taken in the case of Mustafizur Rahman and 3 others Vs. DG Anti-Corr..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......ce of the decree holder. This Division is therefore entitled to invoke inherent power to undo the wrong, which has seriously prejudiced the decree holder for no fault of his. In support, be cited the decisions in the case of Abdul Aziz Vs. Aboni Mohan, 30 DLR (SC) 21; Abdus Sattar Khodaker Vs. Prem ..Category: Civil Law | Date: | Hits: 125
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