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Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ...... accordance with the provisions of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the Recognised Non-Government Secondary Schools) Regulations, 1977 and other provisions and regulations, is not a statutory body or local authority and the impugned order ..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......r residential purpose, the Government, on inquiry, cancelled the temporary allotment made to Rustam Ali and allotted the suit land to her; the plaintiff did not buy the suit land on complying with provisions of law; after the defendant Nos. 1/2 directed the plaintiff to vacate the suit property ..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......ckground of different sociopolitical conditions. For example, in case of British Red Cross Society the Society has been given the power by the Supplemental Charter of 1970 to amend, add or revoke the provisions of original Charter of 1908 by a majority of not less than two-thirds of persons present ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ila challenging the appellant's uncontested election and prayed for cancellation of the un-contested election, for a direction upon the Returning Officer to accept his nomination paper and also for a mandatory injunction for holding an election afresh. The plaintiff-respondent simultaneously filed a......de by this Court to this effect in the said decision. 5. The learned Single Judge, while considering whether the civil Court's jurisdiction stood ousted by section 26 of the UP Ordinance read with provisions thereof and the Rules made thereunder, has referred to a decision of the Privy Council in..Category: Election Law | Date: | Hits: 173
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......r cross-examination of the defendant's witnesses, or in answer to any case set up by the defendant or handed to a witness merely to refresh his memory." 22. From the above provisions it appears that in case of non filing of the documents, the said document if filed later..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ...... application in the instant case and the further submission that the learned Judge of the High Court Division has erred in law in applying Article182(5) of the limitation Act, overlooking the provisions laid down in Article 182(3) of the said Act, which provid..Category: Procedural Law | Date: | Hits: 93
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 30
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ...... Counsel appearing for the petitioner, placed before us the impugned judgment of the High Court Division and other materials on record and thereafter he submitted that in view of the provisions of Section 516A read with Section 517(4) of the Code the Criminal Procedure and the fact..Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
.... He argued that in the instant case admittedly a fund of Tk. 50,000/- was provided by the Upazila Development and Co-ordination Committee from the money obtained by leasing out the bazar and it is mandatory to spend 15% of the money obtained by such leasing for the development of the bazar. Acco...... of the Union Parishads Ordinance, 1983 reads as follows: "7. Qualifications and disqualifications of Chairman and members of Union Parishads.-(1) A person shall, subject to the provisions of sub-section (2), be qualified to be elected as, and to be, Chairman or member if- ..Category: Election Law | Date: | Hits: 108
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......nt was found by the High Court Division to be devoid of substance and in view of such facts and circumstance the rule was discharged. 9. To appreciate the submissions let us examine the provisions of Order 41 Rule 16 of the Code of Civil Procedure which runs as follows. &l..Category: Procedural Law | Date: | Hits: 70
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......side. The High Court Division erred in law in relying upon the only evidence of interested witnesses in this case. Moreover, the so-called dying declaration was not recorded in accordance with the provisions of the Evidence Act and the High Court Division illegally attached much importance to th..Category: Criminal Law | Date: | Hits: 25
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......sion without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for this notice in Form No. 10 should have been issued as per provisions, but without issuing it, the case was heard with non-appearance of the petitioner's law..Category: Criminal Law | Date: | Hits: 29
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......e High Court Division in revisional jurisdiction and the High Court Division discharged the Rule. Leave was granted on the following grounds: - i. "Because in view of the provisions of section 54 of the Transfer of Property Act and presumption available under section 6..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......laintiffs lather purchased the suit property at a time when it was already abandoned properly and as such under Article 6 of P.O. 16 of 1972 such transfer is not valid rather the same is hit by the provisions of Article 6 of P.O. 16 of 1972. He next submits that as the property was already aband..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......estion raised is whether the customs duly etc. on the imported Hard Boards and MDF Boards should be assessed on the basis of Invoice value as ordered by the High Court Division irrespective of the provisions of section 25 of the Customs Act. Section 25(1) of the Customs Act provides that t..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he submissions that the judgment of Administrative Appellate Tribunal should be set aside as the same suffers from through misconception both as to law and fact and also the submission that if the provisions of P.O. 27 of 1973 and the service regulations of 1961 are construed together there cann..Category: Administrative Law | Date: | Hits: 90
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......dant preferred the above mentioned Civil Revision and the Rule was discharged as aforesaid. Leave was granted to consider the submissions that the High Court Division wrongly interpreted the provisions of section 86 of the Evidence Act and sections 13 and 14 of the Code of Civil Procedure ..Category: Property Law | Date: | Hits: 32
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... against an order of the Labour Court rejecting an application of the Registrar Trade Union under section 10(2) the I.R.O. as in the present case and the High Court Division failed to consider the provisions of section 11 of IRO and that there having been no remedy under I.R.O, the appellant had..Category: Labour and Industrial Law | Date: | Hits: 131
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......Rin" and only these categories are to be held responsible in case of default in the repayment of the amount became due as against the “Rin” availed from financial institution. The provisions of the Ain and particularly the provision of section 2(kha) of the Ain do not contemplat..Category: Banking Law | Date: | Hits: 129
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