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Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
.....88 petitioner before me only after remand of the case by the appellate Court filed an application under section 151 CPC for accepting the written statement already stood rejected. A reference to the provision of Order 8 rule 1 (1) is a clear answer to the contention of Mr. Huq. Although a defendant......dant and plaintiff stand on the same footing the lower appellate Court ought to have accepted the written statement filed after remand of the suit. The contention raised needs examination of relevant law on this point. Order 9 rule 1(1) CPC is the relevant law. Sub‑rule (1) of rule 1 of the said O..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......08 of 1986 is directed against the impugned order dated 31.3.1986 (Annexure G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law havi..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....covery of two signed currency notes is nothing but a circumstantial evidence of accepting the illegal gratification. 10. The learned Advocate appearing on behalf of the appellant after placing the provision of section 161 of the Penal Code submits that in the present case though as many as 13 wit......en me through the evidence of the witnesses examined on behalf of the prosecution and also the documents marked exhibits before the trial Court. The appeal was heard on question of fact as well as of law. 8. The learned Advocate appearing on behalf of the appellant at the very outset submits that..Category: Criminal Law | Date: | Hits: 90
....ut as there is no regulation for that purpose the proceeding itself is void and that the Board has no authority to cancel the result which had already been published. He further submits that there is provision for taking action for adopting unfair means before the result is published where the candi......ontained in Memo No. Co/243/1 dated 13.5.90 filed by the petitioner as Annexure C to the petition cancelling the SSC Examination of the petitioner should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner, Kazi Shafiul Nasher..
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.......a blow on the chest wall of the deceased as deposed by P.W.s 1, 2, 3, 4, 5 and 8 cannot be believed, but the High Court Division failed to consider this facÂtual aspect of the case and thus erred in law in maintaining the order of conviction and sentence passed against the petitioner. He further su..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. ......w by dao is attributed to accused Yusuf and no other injury is found on the victim and, thereÂfore, the conviction and sentence of the accused convicts other than Md. Yusuf Ali is not sustainable in law and, therefore, their appeal ought to have been allowed. 6. We have heard Mr. Munsurul Hoque ..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. ......he High Court Division maintained the judgment of the trial Court. 6. Mr. M. Amirul Islam, the learned Senior Counsel appearing for the petitioner conÂtended that the High Court Division erred in law in dismissing the appeal in failing to consider that the tripartite agreement has not been resci..Category: Civil Law | Date: | Hits: 93
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......ction and sentence of imprisonment. 4. Mr. Syed Haider Ali, learned counsel appearing for the petitioners has taken us to the evidence on record and submitted that the High Court Division erred in law in maintaining the conviction in failing to consider that the arms and ammunition in question we..Category: Criminal Law | Date: | Hits: 64
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....II. Because the High Court Division erred in law on the facts of the plainÂtiffs admitted case made in the plaint to that effect that the suit land was acquired vide L.A. Case No. 44/51-52 under the provision of (Emergency) Requisition of Property Act, 1948 and thus the plaintiffs suit was barred u......n behalf of the respondent No.9 and perused the leave petition. 9. The learned Advocate appearing for the petitioner submits that the impugned order as passed by the High Court Division is against law inasmuch as Section 14A of the Emergency Requisition and Acquisition of Properties Act, 1948 has..Category: Property Law | Date: | Hits: 70
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......rove his possession and that the Court of appeal below did not reverse all the findÂings of the trial Court. 5. It is contended on behalf of the petitionÂer that the High Court Division erred in law in interfering with the findings of fact arrived at by the Court of appeal below in exercise of ..Category: Property Law | Date: | Hits: 87
....at the right of pre-emption was not affected by exts. B and C as rightly found by the lower appellate Court. It is further contended that the judgment of this Division may be reviewed to consider the provision of Section 107 of the Transfer of the Property Act in view of the principle laid down in t......tition for Leave to Appeal No.2149 of 2008. This Division dismissed the same by impugned judgment and order dated 23rd August, 2009 on the reasoning that the High Court Division committed no error of law in interfering with the judgÂment of the lower appellate Court.
6. Mr. Abdul Wadud Blunyan, ..
Category: Procedural Law | Date: | Hits: 76
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
....ither the Court of Appeal below nor the High Court Division passed the decree on consideration of the oral evidence on the points of possession of the plaintiff in the suit land. 5. In view of the provision of law that the review not being an appeal against the impugned judgment, or that no fresh......rt of Appeal below nor the High Court Division passed the decree on consideration of the oral evidence on the points of possession of the plaintiff in the suit land. 5. In view of the provision of law that the review not being an appeal against the impugned judgment, or that no fresh or important..Category: Property Law | Date: | Hits: 50
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
.... standing thereon in the undivided suit plot wherein Chatkhil Badalcot road runs through the middle of the said plot sufficient to identify it as found by the trail Court as required by the mandatory provision of Order 7 Rule 3 of the Code of Civil Procedure and the plaintiffs are not entitled to an......Leave to Appeal Nos. 705 and 706 of 2009 to consider the common Ground Nos. II, III and VI set forth therein, which are as under: "I. For that the learned Judge of the High Court Division erred in law in failing to consider that the Appellate Court below committed error of law in passing the judg..Category: Property Law | Date: | Hits: 60
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
.... Commission Ain, 2004. The Bureau of Anti-Corruption upon investigation subÂmitted a police report on 4th June, 2008 recommending for the prosecution of the writ petitioner and others under the said provisions of law. 3. In course of the investigation of the case, the investigating officer moved...... a writ petition filed at the instance of the accused respondent declaring an order of the Chief Metropolitan Magistrate freezÂing the bank account of the writ petitioner to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the disposal of this peti..Category: Criminal Law | Date: | Hits: 136
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....sition stating, inter alia, as under: (a) Writ respondent No.3 is a statutory body created under P.O. 27 of 1972 and Pabna Sugar Mills Ltd. is a nationÂalized enterprise under it. In pursuance of provision made in sections 16 and 17(1) of the P.O.27, the Corporation's authority could create, alt......forma respondents to show cause as to why the impugned decision passed by pro Âforma respondent No. 56, Ministry of Industry dated 19 October, 2004 should not be declared to have been issued without lawful authority. 5. The facts as stated by the respondents in the writ petition are as under: ..Category: Employment/Service Law | Date: | Hits: 85
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......ord. 8. We have heard the learned Advocate and perused the impugned judgment and order passed by the High Court Division. 9. The learned Advocate submitted that the High Court Division erred in law in not appreciating that the service of the plaintiff respondent No. 1 hereof has been terminatÂ..Category: Employment/Service Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....Kathamo Nitimala, 1995 does not create any legal right to the respondents as the same has no statutory force. II. Whether the writ petitions filed by the respondents are maintainable as there is a provision of appeal as envisÂages in Rule 16 of the said Nitimala of 1995, which was not exhausted ...... within 1(one) month from the date of receipt of the judgÂment. The High Court Division observed that the petitioners have been working after being appointed by the governing body in accordance with law in their respective colleges and, therefore, they are legally entitled to their arrear salary an..Category: Employment/Service Law | Date: | Hits: 47
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....nce in the suit and filed an applicaÂtion for dismissing the suit not being mainÂtainable under the Admiralty jurisdiction and that the dispute as to non-return of the containers do not attract the provisions of section 3 of the Admiralty Court Act, 2000 and that there is no privity of contract be......sions of section 3 of the Admiralty Court Act, 2000 and that there is no privity of contract between the plaintiffs and the defendant-petitioner hereof and that the defendant-petitioner hereof are in lawful possession of the containers and that the principle cogent of the plaintiffs, the defendant N..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....ivision on the point of limitaÂtion. 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. ......ly came to the conÂclusion that since the respondents failed to prove their title in respect of 4/annas share in the suit lands, the decree passed in Title Suit No.138 of 1969 was not sustainable in law. This finding proved that the Court of appeal below maintained the decree on the weakness of the..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ned Advocate appearing for the petitioner, first of all, contended that the learned appellate Court as well as the learned trial Court considered certain oral evidence in contravention of the express provision of law and relied on such inadmissible evidence in order to come to the impugned finding a......ed of Hiba‑Bil‑Ewaz executed by his father and while in such possession he felt the necessity of procuring an amount of Tk. 25000.00 in November, 1983, in order to pay the money to his son‑in‑law Golap Miah who had been recently married to his daughter and having no such source of procuring ..Category: Property Law | Date: | Hits: 87
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