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Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......lant's uncontested election and prayed for cancellation of the un-contested election, for a direction upon the Returning Officer to accept his nomination paper and also for a mandatory injunction for holding an election afresh. The plaintiff-respondent simultaneously filed an application for tempo..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....after hearing the parties discharged the rule. 4. Leave was granted to consider whether the High Court Division was correct in interpreting section 283 of the Succession Act. 5. Facts are not disputed. The only question is whether the respondent could be added as a party in the proceeding un......were the properties of Subasini, her brothers would be, according to Dayabhaga Law, her heirs in preference to Haripada and his brother. This view of the District Judge was reversed by the High Court holding that Haripada and his brother were entitled to oppose the grant of the probate. Then the c..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....on but was a fabricated document. 5. There is no direct evidence about the assault upon the deceased, Mahmuda; but the injuries found on her person which ultimately resulted in her death are not disputed by the defence whose only suggestion is that the injuries were caused by some other perso......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....itution of Bangladesh, 1972 (as amended upto-date) Articles 102 & 103 A mere denial by the respondent of a fact in issue raised by the petitioner in a writ petition will not render that fact a disputed fact but if the assertion made by the petitioner is not supported by materials to the satis......'s father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties, three houses being holding No. 5 Bakshibazar, Dhaka; House No. 18-A, Road No. 20, Dhanmondi Residential Area and hold..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....ed Counsel for respondent Nos.1-3 and Mr. Jillul Huq, the learned Counsel for respondent Nos. 4-7 and perused the judgment of the High Court Division and other connected papers. 5. It is not disputed that the Title Suit No.73 of 1976 brought by predecessors of plaintiffs in the First Court......g proceeding with the Execution Case No. 18 of 1980. 3. Leave was granted to consider the submission that the learned Judge of the High Court Division has erred in law in holding that Article 182(5) of the Limitation Act applies in the instant case and the Execution Cas..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... was satisfied about the reason of delay in filing the appeal and considered the facts as correct since "were not denied by the petitioner" i.e. plaintiff and thereupon made the Rule absolute upon holding "that the delay occurred in obtaining opinion from different offices of the Government and ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......rom the premises as mentioned in those suits. 13. At the hearing of the leave petitions, Mr.S.R.Pal, learned Advocate for the appellants, submitted that the High Court division was wrong in holding that the suit was not maintainable on the principle of 38 DLR (AD) 97 because in this case ..Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......etitioner being an employee of an industrial enterprise fully controlled by Bangladesh Jute Mills Corporation established under President's Order No.27 of 1972, the High Court Division was wrong in holding that he was in the service of the Republic and as such not entitled to maintain the writ p..Category: Employment/Service Law | Date: | Hits: 84
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....d. It appears from the evidence of P.W. Sheikh Saber Ali who was Senior Post Master attached to Dhaka General Post Office during the relevant period that in the ledger book in question containing the disputed account the figure '100' was turned to 35,100/- adding the figure 35 before the figure 10...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......t no one kidnapped her. The statements of other witnesses including her mother also, according to the learned Advocate, echoed the aforesaid statement of the victim and therefore, the police after holding thorough investigation submitted final report against the petitioners and that in such view..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....they are senior but their case for promotion has not been considered and as such there was no violation of Articles 27, 29, and 31 of the Constitution in not promoting them. 5. The undisputed position is that at the time when the Selection Committee was considering case of 29 emplo......have been made without lawful authority and to be of no legal effect." 9. Leave was obtained for the consideration of the submissions that the High Court Division was in error in holding that there was no bar in considering the case of promotions of an employee while he is..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......vest itself with jurisdiction where it is not conferred by law. 12. The view we have taken in this matter finds support from the said decision. And we have, therefore, no hesitation in holding that the High Court Division was not at all right in passing the impugned order. The fact t..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......Shishu Nirjatan (Bishes Bidhan) Ain, 1995 and not under the provision of repealed law i.e. the Cruelty to women (Deterrent Punishment) Ordinance,1983. The Court below is directed to take steps for holding the trial of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 ..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......d order dated 09-07-1990 passed by the Session Judge Rajbari in Sessions Case No.5 of 1991 which arose out of Rajbari P.S Case No. 2 dated 09-07-1990 being G.R No. 47 of 1990. Sessions Judge After holding trial convicted the petitioner under section 302 of Penal Code sentencing him to suffer imp..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......g delivery of the Trawler in question to the petitioner on executing a Jimmanama for TK.1,50, 00,000/-. 8. Mr. Ahmed further submitted that the High Court Division has erred on facts in holding that the possession of the Trawler has not been handed over to the petitioner which is mani..Category: Property Law | Date: | Hits: 31
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....e Additional Commissioner, Rajshahi and by order dated 18.10.1979, he found that the land in suit of Anil Ranjan against Monindra Nath Pramanik and the recording of Monindra's name as tenant of the disputed land and sale set aside Case No. 319 of 1960-1961 are all managed collusive and fraudulent......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....other learned Advocate and not by the appellant's learned Advocate Mr. M.K. Rahman who was engaged to represent the appellant in the First Appeal. The contention so made appears correct since the undisputed position is that while compromise petition was filed before the High Court Division the ap......e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......s by the appellate Court that the plaintiffs were all along in possession of the property left by Jatindra Nath Saha, the High Court Division was in error placing reliance on Ext. E series in holding that defendant No.1 acquired title by adverse possession in the land in suit, that the High..Category: Property Law | Date: | Hits: 23
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......d Sessions Judge for trial, which was registered as Sessions Case No. 24 of 1998. 4. Facts necessary for disposal of the Criminal Petition for Leave to Appeal No. 190 of 2003 are that after holding investigation by the police while submitting report under Section 173 of the Code of C..Category: Criminal Law | Date: | Hits: 41
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....andakar Mahbubuddin Ahmed (with Mr.S.M. Munir) the learned Counsels for the respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the writ petitioner respondent No.1 joined in the Department of Architecture, B......ointed earlier as Professors and that the High Court Division had erred in interpreting and construing section 44 of Further Statutes of Bangladesh University of Engineering & Technology in not holding that the Writ Petition was not maintainable as the writ petitioner respondent No. 1 did no..Category: Employment/Service Law | Date: | Hits: 87
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