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S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
.... 25.2.2007 constituting an Ad-hoc Managing Committee suspending the elected Managing Committee without giving it any opportunity to be heard was illegal being violative of the principle of natural justice and as such the judgment and order passed by the High Court Division is liable to be set as......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..Category: Civil Law | Date: | Hits: 126
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ...... as regard the right, title and possession of the plaintiff in the land in suit and that claim of the defendants in respect of the land in suit has not been substantiated by producing oral or documentary evidence. In the background of the discussions made hereinabove we find no merit..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....ed. Admittedly, before taking the impugned action, the petitioner was not served any notice or show cause, against the proposed action. He was not given any opportunity to be heard. Natural justice requires that before a person is punished an opportunity to show cause against the proposed...... refused to pay the Honorarium/Rastrio Sammani Bhata paid earlier. 8. The High Court Division while making the Rule absolute has observed: "It appears that after examining all required documents of the petitioner and compliance of the required legal formalities as enshrined in Regula..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......; and as regard the 'Kha schedule land the Appellate Court observed it was the duty of the defendants to prove their auction purchase and on consideration of the evidence, both oral and documentary held, "The defendants totally failed to prove their alleged auction purchase of su..Category: Property Law | Date: | Hits: 32
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....his position the learned Subordinate Judge as well as the learned Single Judge of the High Court Division committed an error of law resulting in an error in the decision occasioning failure of justice in making out a third case. He lastly, submits that the Single Bench of the High Cour......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......hat he knew the signature of the convict appellant and there is no other evidence on the record to show that they knew about signature of they saw the convict appellant sign the allegedly forged document. Nobody saw him taking the stamp. But the vital evidence is Exhibit 5 and Exhibit 6. In Ex..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ......manage the building on 28-2-1972 when President's Order No. 16 of 1972 came into operation but records show that he could not discharge such obligation and he also adduced no evidence, oral or documentary, to prove the above facts and even in the application filed under section 7 of the Ordi..Category: Property Law | Date: | Hits: 29
Khan Yeakub Ali Vs. The State and others, 2008, 37 CLC (AD)
.... that had they been examined they would not have supported the prosecution story raises a serious doubt as to the truth of the prosecution case and as such, we think that ends of justice would be best served if the conviction and sentence of the petitioner reduced to 7(seven) y......her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ..Category: Criminal Law | Date: | Hits: 40
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....efore not tenable in law. The learned Counsel further submits that since the respondent being a named accused in the first information report has not surrendered in the Court and is a fugitive from justice, the writ petitions filed by him were not entertainable and the Rule issued therein by the H...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....he Tribunal. Order of recounting of ballot papers can be made when the Tribunal is satisfied that making of such order is imperatively necessary to decide the dispute and to do complete and effectual justice between the parties. It is settled principle that re-counting must not be ordered only on pr......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..Category: Election Law | Date: | Hits: 159
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ..Category: Criminal Law | Date: | Hits: 22
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ......ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ..Category: Property Law | Date: | Hits: 24
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ..Category: Civil Law | Date: | Hits: 88
Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)
....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ..Category: Property Law | Date: | Hits: 22
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....rned Judges of the High Court Division having misconceived the facts and circumstances of the case passed the impugned judgment illegally which resulted in an error in the decision causing failure of justice and as the findings and decisions arrived at by the High Court Division are liable to be set......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ..Category: Employment/Service Law | Date: | Hits: 87
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......f the suit land out of his own earning and the plaintiff also failed to prove his exclusive title in the suit land, the lower appellate court further found that the plaintiff did not file any document for proving that he got the possession of the suit land after evicting the defendants of e..Category: Property Law | Date: | Hits: 23
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..Category: Others | Date: | Hits: 101
Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)
....to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ......to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ..Category: Civil Law | Date: | Hits: 134
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity 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: V ADC (2008) 858. ......irmity 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: V ADC (2008) 858. ..Category: Civil Law | Date: | Hits: 119
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......onor of the land to the opposite party No.1, in collusion with the pre-emptor has filed the Miscellaneous Case to deprive the pre-emptee of the land which he has got on the basis of a genuine document, that pre-emptor failed to prove that he had the information of the Heba-bil-Ewaz deed on t..Category: Property Law | Date: | Hits: 19