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Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......ate, appearing for the petitioner, having referred to the impugned judgment of the High Court Division, contended that the learned Judges of the High Court Division committed an error of law in not holding that the respondent No.4 filed an application before the Joint Registrar number..Category: Constitutional Law | Date: | Hits: 162
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....nd in civil petition for Leave to Appeal No. 856 of 2004 filed by the writ petitioner for expunction of some findings the Appellate Division disposed of the said petition allowing expunction of the disputed lines in the operative portion of the judgment making the rule absolute and allowed the wri......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......ars through their predecessors acquired title in their favour and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit by judgment and decree dated 20-06-1999 holding that R.S. khatian stands in the names of plaintiffs and defendants being permissive pu..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......and the petitioners i. e. the writ respondents were selected on the basis of merit. It was further stated that in case of excessive number of candidates there was, under the rule, necessity of holding examination but in the instant case there being 49 candidates against four posts there was ..Category: Employment/Service Law | Date: | Hits: 86
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......tion or status quo, the High Court Division erred in affirming the order of mandatory injunction passed by the trial court. 6. Lastly, he submits that the High Court Division erred in holding that order passed by the Appellate Court for maintaining status quo remained in force even ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......he learned Attorney General appeared and made submissions on behalf of the respondent Nos. 1 to 3. A Division Bench of the High Court Division after hearing the parties made the rule absolute holding, inter alia, that the learned Attorney General after reading the rule, report of the Suprem..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....s requisitioned and it was not acquired at any time and as such at all time title remained with the plaintiffs' vendor. 13. The learned Counsel appearing for the Respondent No.1 has not disputed the fact that the land requisitioned upon initiating L.A. Case No.91 of 1957-1958 has not ......her any of the parties in the suit asserting that .85 acre was acquired, nor the courts below coming to a finding of acquisition of .85 acre, the High Court Division committed error of law in holding that the vendor of the plaintiffs had no saleable interest upon a misconception that 'Hukum..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ...... with the amount he received as an advance. The plaintiff replied stating that the report of the Assistant General Manager was baseless and false. Thereafter, an Inquiry Committee was constituted for holding inquiry as to the allegations made against him. The committee did not inform him the date an..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... such, "it is unsafe to infer that defendant No.2 had knowledge about the date of hearing of the Title Suit No.77 of 1965" and that "Learned court below was not legally justified in holding that the said service vide Exhibit A was a good service according to law and that defendant..Category: Civil Law | Date: | Hits: 112
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......of the customs authority ICD, Kamalapur, Dhaka for assessment of the customs duty of the imported goods of the petitioner on the tariff value. 5. The High Court Division discharged the Rule holding that the petitioner is liable to be fixed up with tariff value on the goods prevalent at th..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......t there is an element of 'must' as regard the question of bonafide requirement of the premises in suit by the plaintiffs. The High Court Division also held that the trial Court was quite correct in holding that the defendants are defaulters in the payment of rent. 6. Leave was granted to c..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....d Mr Syed Mofizur Rahman, the leaned Advocate for respondent Nos.2 and 3 in CP No. 1382 of 2004 and perused the judgment of the High Court Division and other connected papers. 10. It is not disputed that the petitioner and respondent No.4 were appointed by (Annexure-A to the writ petition......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......defendant No.1. Plaintiff because of the provision of section 4 of the Partition Act cannot be allowed to come on the land forcibly purchased by him that the appellate Court was in serious error in holding "the suit land is not the part of dwelling house of an undivided family". ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......tors. 2. The respondent No.1, on 1st November 1994, filed an application under sections 81(2) and 85(3) of the Companies Act 1994, which was registered as Matter No. 106 of 2003, praying for holding the 20th Annual General Meeting of the respondent No. 2,hereinafter referred to as the comp..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......(3) Ataur Rahman Sani and (4) Abdul Awal, the evidence of prosecution witnesses already mentioned above may be referred to. P.W 2 Anisur Rahman, as already noticed, in his evidence clearly proved the holding of a meeting held at the house at Rupatali Laldigirpar Mridha Bari before the occurrence att..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......ed trial Judge considering the evidence of D.W1 held as follows- Bangla 20. As it appears, the learned trial judge allowed the claim of the respondent No. 1 for Taka 3, 80,000 against staff salary holding as follows: Bangla 21. The leaned trial judge allowed the claim of the respondent No.1 fo..Category: Civil Law | Date: | Hits: 109
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....the case land. The appellants contested the Misc. case, inter alia, on the ground that it was barred by estoppel, waiver and acquiescence as the pre-emptor himself assisted the vendors in selling the disputed land and encouraged the appellants to purchase the same. 3. The learned Munsif by Judgme......he case land transferred by respondents 2-4 to the appellants and another by a registered Kabala dated 10th Kartick 1383 B.S. corresponding to 27.10.76 for Tk. 6000/-, both as a co-sharer in the case holding and a contiguous owner to the case land. The appellants contested the Misc. case, inter alia..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......sional statements recorded by a Magistrate on 25.12.81. The said confessions were not proved formally by examining the Magistrate who recorded them. Even so the High Court Division was justified in holding that under section 80 of the Evidence Act, the Court was entitled to presume that the docume..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....g that respondent No. 2 had "transferable right" in the properly in spite of his Lease-Deed with the Government which showed his position as that of a mere "Licensee". 4. Facts of the case are not disputed. The Lease Deed between the Government and respondent No. 2 is a "Standard Agreement for Al......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....f this Rule, will be necessarily vitiated. The High Court Division, without specifically expressing its view on this question, disposed of the matters observing that the question being connected with disputed questions of fact as to whether the result of the election has been materially affected by ......olling station shall be located in any such premises as belong to, or are under the control of, any candidate." "9. Notification of days of different stages of election. — (1) For the purpose of holding an election, the Upazila Nirbahi Officer or the Deputy Commissioner, as the case may be, s..Category: Election Law | Date: | Hits: 163
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