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Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... on record 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: VI ADC (2009) 212. ......living there with his family; the defendants had no possession in the suit land before dispossessing the plaintiff. Thereafter the plaintiff filed a criminal case against the defendant No.1 and the documents of the defendants were challenged and it was kept in safe custody which case was dismissed..Category: Property Law | Date: | Hits: 26
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
.... for the petitioners submits that the High Court Division due to misconception of law as well as facts passed the impugned judgment and order which is liable to be set aside in the interest of justice; that the plaintiff herein petitioners claimed the suit land as their ancestral proper......ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ..Category: Property Law | Date: | Hits: 21
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....ct, 1957. Secondly, he contended that the appellant was not made a party in the confirmation proceeding and, therefore, the order of the Custodian authorities offends against the principle of natural justice. Lastly, he contended that the sale of agricultural land was prohibited under section 19 of ......der section 5 of the Limitation Act for condoning the delay in filing the review application. It was also urged in the review petition that the agreement of sale dated the 6th May, 1949, was a forged document. The review petition was dismissed on the 10th September, 1960. The learned Custodian held ..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....tance and owning and possessing contiguous land in the suit and as such, the High Court Division without considering this aspect of the case has discharged the Rule illegally occasioning failure of justice. 5. It appears from the record that the Court of Appeal below on consideration of ......stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ..Category: Property Law | Date: | Hits: 20
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
.... two points. He first submits that the impugned SRO dated 11-10-2006 was promulgated with a view to bringing discipline in the Bangladesh Civil Service (General Education) Cadre by removing injustice and disparity in matters of service benefits between two groups of members of the same serv......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
....ve decision of the Administrator of Waqf, the Respondent No.1, thus the Respondent No.01 acted without lawful authority; that there being no other efficacious remedy the appellant served demand of justice notice and thereafter the concerned authority and the concerned person denied to secure jus...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..Category: Trust/Waqf Law | Date: | Hits: 173
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...Category: Constitutional Law | Date: | Hits: 233
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....terest against the said amount of bank guarantee. The learned Counsel further submitted that the learned Judge of the High Court Division committed a gross error of law occasioning failure of justice in finding that the port dues is to be paid not out of the sale proceeds of defendant vesse......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....uch the learned Sessions Judge in passing the order dated 19th July, 2007 acted unlawfully and without jurisdiction and the same order should be declared as illegal and void to secure ends of justice. It was also argued that the impugned order was an abuse of process of the Court since the ......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....rned Advocate-on-Record appearing for the petitioner, submits that the learned Single Judge of the High Court Division committed an error of law resulting an error occasioning failure of justice in setting aside the judgment and decree of the learned Joint District Judge, 1st Court, Ra...... 1st Court, Rajbari as a final Court of fact rightly arrived at a correct finding in setting aside the judgment and decree of the trial Court on proper appreciation and assessment of both oral and documentary evidences on record and rightly set aside the judgment and decree of the learned Assist..Category: Property Law | Date: | Hits: 37
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......chased land. The plaintiff No.2 was a judgment-debtor to the rent decree. The defendant Nos.1 and 2 ware not at all aware about the compromise made in Miscellaneous Case No.183 of 1960. If any document is found in support of said compromise that would be collusive, forged and not binding upo..Category: Property Law | Date: | Hits: 22
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....ession of the land of plot No. 1609 which is admitted by the plaintiff and without considering the findings arrived by the final court of fact on the said issue causing serious miscarriage of justice. 10. Against the judgment and order of the High Court Division dated 28.05.2007 the ......ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ..Category: Property Law | Date: | Hits: 28
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....ord, the plaintiff. But the High Court Division should not have penalized the defendant by saddling him with a cost of Tk. 20,000/- 9. We find no merit in this petition. However for ends of justice we are exonerating the petitioner from the liability of cost of Tk. 20,000/- as direct...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..Category: Property Law | Date: | Hits: 26
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....e any finding upon no evidence or not considering any material evidence/ facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Division will......ent in Bangladesh at the time of emergence of Bangladesh and thereafter her whereabouts were not known and also on the date when P.O.16 of 1972 came into operation. From claimant's side no oral or documentary evidence was led to show that Sahera Khatun was present in B-angladesh and her whereabo..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
.... punishment on an employee of the Trust would not be required to serve the second show cause notice accompanying the inquiry report. We are of the view in the background of the principle of natural justice or in other words in the background of the universal principle that one should not be conde......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..Category: Employment/Service Law | Date: | Hits: 408
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ...... a special meeting for removal of the petitioner from the office of the Chairman of the union parishad. The petitioner gave reply to show cause notice on 03.08.2004 with explanation in details and documentary evidence laying' the allegations brought against him. The authorized officer then fixed..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ved by and dissatisfied with the ex-parte final decree and also due to the illegal claim of Tk.1,31,69,377.06 by Mortgage Decree Execution Case No.44 of 1994 the petitioner for ensuring justice by way of legal rectification of errors committed in the final decree and also......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..Category: Property Law | Date: | Hits: 37
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....e made by a court in respect of the subject matter of the offence as a method of recovery of the same from the accuseds and restoring them to the State even in exercise of its inherent power of doing justice ex debito justitiae for which alone the court exists. 27. In such view of the matter we f...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294