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....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......inally published the Board has no authority to cancel the result of the examination and to withdraw the certificate or to award any other punishment in this connection. He further submits that in any view of the matter the petitioner having not been given the opportunity to cross‑examine the witne..
Category: Civil Law | Date: | Hits: 159
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535....... occurrence as deposed by them. Therefore, we find no substance in the submissions of Mr. Hossain that it was not possible on the part of the eye witnesses to see the occurrence as deposed by them in view of the fact that as many as 52 persons including the petitioner attacked the informant party an..Category: Criminal Law | Date: | Hits: 52
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ...... the victim’s death due to tetanus. On the assessment of the evidence, the trial Court also found that the accused did not injure the victim with intention to kill him and therefore, took a lenient view when awarding sentence upon them. 8. The High Court Division observed that the evidence of t..Category: Criminal Law | Date: | Hits: 52
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......tiff failed to pay the balance consideration within the stipulated time despite service of notice in that regard and that finding no other alternative, the defendant No.5 sold the property with a view to repay the loan. On consideration of the materials on record we are satisfied that in this ..Category: Civil Law | Date: | Hits: 93
....ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......nment after acquisition of rent receiving interest by the Government. This fact, according to the learned Attorney General, sufficiently proved that the plea of benami transaction is a myth with a view to grab the suit land taking advantage of the situation that Khairul A lam being an Indian citi..
Category: Property Law | Date: | Hits: 76
..... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
......structed by A.K.M. Shahidul Haque, Advocate-on-Record-For the Petitioner.
Yousuf Hossain Humayun, Advocate, instructed by Bivash Chandra Biswash, Advocate-on-Record-For the Respondents.
Civil Review Petition No.130 of 2010.
(From the judgment and order dated 23.08.2009 passed by the Appella..
Category: Procedural Law | Date: | Hits: 76
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......e instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. None represented-For Respondent Nos.2-57. Civil Review Petition for Leave to Appeal No.140 of 2009. (From the judgment and order dated the 31st day..Category: Property Law | Date: | Hits: 50
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......ther hand, submits that the Anti-Corruption Commission did not dispute the writ petitioner's claim that he kept the said amount in his accounts as security of his clients, who went abroad and in that view of the matter, the High Court Division was perfectly justified in directing for releasing his B..Category: Criminal Law | Date: | Hits: 136
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508...Category: Employment/Service Law | Date: | Hits: 85
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....ice of show cause notice upon the plaintiff and acknowledgement thereof by the plaintiff and hence wrongly observed that the plaintiff was not given any opportunity of being heard and arrived at an erroneous decision occasioning failure of justice, which need be interfered with. 10. Conside...... have no bearing in the case of plaintiff’s dismissal as appears from the Ext.'Cha-1'. The appellate Court also observed that without the prayer for consequential relief the suit was defective in view of Section 42 of the Specific Relief Act. 6. Being aggrieved the plaintiff moved the High Co..Category: Employment/Service Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ..Category: Employment/Service Law | Date: | Hits: 47
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....ralty Court, there must be a contract between the parties relating to carriage of goods by a ship and the claim must arise out of that contract and non consideration of this vital aspect resulted the erroneous judgment; III. For that the word "Good" cannot include a container as because a co......e used in carrying goods by ship to Bangladesh and an on release of the goods to the respective consignees on arrived at port of discharge in Bangladesh such containers do come within the purview of section 3(2)(Ja) of the Admiralty Court Act, 2000, and accordingly the suit has been filed..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
..... But the appellate Court below without reversing the finding of the trial Court decreed the suit and the High Court Division relying on the discussions of the Appellate Court below arrived at an erroneous decision occasioning failure of justice and hence prays for an interference by this Cour......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...Category: Procedural Law | Date: | Hits: 57
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......an Ali. This statement sufficiently proved that he had knowledge that Rahman Ali got some lands from his father and that he had also knowledge about the decree passed in Title Suit No.138 of 1969. In view of the above, the claim of the plaintiffs that they had no knowledge about the decree passed ..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
.... appears that no error of law was committed by the first appellate Court and the trial Court and it had not also been established that by committing any such error of law the Courts below came to any erroneous decision. This revisional application cannot, therefore, succeed. In the result, the......ty of this very document, Ext. Ka, was in question and in this suit the plaintiff had prayed for declaring the document void and for cancelling the document on the ground of fraud. It appears that in view of proviso (1) of section 92 of the Evidence Act, when the validity of the document itself is i..Category: Property Law | Date: | Hits: 87
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......this order as the self same facts and law are involved in them. 2. The main question involved in these Rules is whether the trial of the Sessions Case should be stopped and the accused released in view of section 339C of the Code of Criminal Procedure. We omit the facts of the case as they are no..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......ed order mainly on the basis of the report of the inquiring Magistrate and framed the charge against the accused petitioner rejecting his application under section 241A Cr.P.C. on an absolutely wrong view of law that the case being started on the basis of a judicial inquiry, this section has no mann..Category: Criminal Law | Date: | Hits: 98
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......sale entered between her and the original lessee Md. Moinuddin, the Government is bound to honour this contract and the petitioner No.1 is entitled to protect her possession against the Government in view of section 53A of the Transfer of Property Act. As an authority for his proposition Mr. Farooqu..
Category: Property Law | Date: | Hits: 89
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......th a direction to the Investigating Officer to submit a report regarding complicity of the accused in the case within a week. 10. On the same day, the Court Inspector of police made a prayer for review of the order cancelling the order of remand and the same was fixed for hearing on 26.6.93. ..Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......r but it is made in consequence of the order of attachment and where the order of attachment itself cannot be sustained in law the consequential order for security has no leg to stand on in law. This view of mine finds support from the decision in the case of Messrs United Venture Navigation Co. Ltd..Category: Civil Law | Date: | Hits: 75
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