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Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ...... the suit land and further the concurrent finding of facts should not be disturbed unless it is manifestly perverse and some are of the view that there being no illegality or infirmity in the above decision no interference is called for." 9. Having considered all the aspect of the matter we..Category: Property Law | Date: | Hits: 20
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295.......ally illegal and without lawful authority and was of no legal effect. The learned Judges of the High Court Division discharges the rule without considering this point resulting in an error in the decision occasioning failure of justice. He lastly submits that the learned Judge of the High Court ..Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ...... The lower appellate court further found that the summons of Other Suit No. 5 of 1988 was duly served upon the defendants of the earlier suit. The lower appellate court accordingly concurred with the decision of the trial court and by the judgment and decree dated 4.8.2008 dismissed the appeal and a..Category: Property Law | Date: | Hits: 35
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......Appeal No.188 of 1998 before the learned District Judge, Nawabganj. The learned Subordinate Judge (now Joint District Judge), 1st Court, Nawabganj by judgment and decree dated 27.01.2000 reversed the decision of the trial Court, allowed the appeal and dismissed the plaintiffs suit. 5. Against the..Category: Property Law | Date: | Hits: 51
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......y, that is, in breach of some provisions of law, or with material irregularity by committing some error of procedure in Course of the trial which is material in that it may have affected the ultimate decision. 13. In the case of Shambhu Nath Poddar, this Court observed that the revisional cou..Category: Property Law | Date: | Hits: 20
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......an and degrading treatment. He has further submitted that the victim should not be asked to seek relief in any other civil Court for damages and compensation. Mr Amir‑ul Islam also referred to some decisions of Indian jurisdiction, (1991) 2 Supreme Court Cases 373 and a case reported in AIR 1990 S..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there 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: 15 BLC (AD) (2010) 140. ......, reported in 26 DLR 419 justice is blind and in the domain of justice, feelings, emotion and sentiment have no part to play and accordingly emotion and sentiment must not sway their findings and decision and it is desirable that a judge should avoid expressing their feeling, emotion and sentime..Category: Others | Date: | Hits: 93
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ould be exercised to quash proceedings. However the exercise of the power by the High Court in the case before us does not come within the ambit of the principles laid down by this Court in the above decision. For instance the second contention taken before the High Court by the accused related to..Category: Anti-Corruption Laws | Date: | Hits: 195
....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
....... In pursuance of the said undertaking, the shops were allotted in presence of the Administrator Dhaka City Corporation on the basis of lottery on 10th January, 1988. The said lottery was held as per decision of the shop allotment committee providing that nobody would be entitled to raise any obje..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......ot binding upon them though the courts below clearly held that except for the case of plaintiff No. 3, the other plaintiffs purchases were hit by lis pendens and this has resulted an error in the decision of the case on its merits. II. For that the Appellate Court having reversed the fin..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......s written objection but he did not press this point at the trial of the case and also failed to adduce sufficient evidence in support of this point and accordingly, the trial Court did not give any decision on that point. The Court of appeal below, however, on perusal of the alleged agreement, Ext..Category: Property Law | Date: | Hits: 21
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......representation to protect its interest. 12. In the case of Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors reported in 51 DLR (AD) 156 the Appellate Division while referring to the decision of the case of Kishore Joo Vs. Guman Behari Joo Deo AIR 1978 All 1 wherein it has been held..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......urrendered possession after judgment in Civil Revision No. 1142 of 1969 wherein the issue of tenancy has been decided, the suit is barred by law. In support of his contention he has referred to the decisions reported in BCR 1986 AD 71; 1986 BLD (AD) 224(a); 48 DLR (AD) 205. Mr. Ariff submits that ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......, by leave, is directed against the judgment and order dated 30.11.2000 of the High Court Division passed in Writ Petition Nos. 4986 and 4987 of 1996 making absolute the Rule obtained challenging the decision of the Board of Janata Bank, the appellant is not allowing the prayer of the respondent No...Category: Banking Law | Date: | Hits: 98
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......n a sudden the petitioner learnt that the Ministry has decided to lease out the fishery in question by tender. The petitioner on further inquiry learnt that the leasing authority without taking any decision on the application of the petitioner and without informing him, issued memo directing the D..Category: Property Law | Date: | Hits: 26
Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)
....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......2(2) of the Waqf Ordinance does not arise and the appeal preferred by the petitioner was maintainable in law. But the High Court Division failed to consider the same which resulted in an error in the decision and is liable to be set aside. 9. He further submits that immediately after passing ..Category: Trust/Waqf Law | Date: | Hits: 200
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......ose were found to be perverse and or there is non-consideration or misreading of the material evidences on record, which in the instant case has been found to be absent by the Revisional Court. The decision with observations given by the High Court Division appears to be in accordance with law and..Category: Property Law | Date: | Hits: 37
....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132.......writ petitioner to market its beverages using the cans bearing trade mark of "Crown" and "Hunter" containing beverage within permissible limit in accordance with law and in the light of the aforesaid decision of the Appellate Division the company can lawfully continue manufacturing and marketing o..
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......der for the said plot. It is stated that in view of clauses 2.2 and 2.3 of the tender notice the earnest money of the unsuccessful bidder was required to be refunded within one month of the date of decision on the tender. But the earnest money of the highest 3(three) bidders was not liable to be r..Category: Limitation Law | Date: | Hits: 154
....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......of Labour (Standing Orders) Act, 1965 and without considering its implication upon the present dispute discharged the Rule in favour of the respondent No.2 Md. Golam Nabi resulting in an error in the decision.
6. The learned Advocate on record appearing for the petitioner further submitted that..
Category: Labour and Industrial Law | Date: | Hits: 110
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