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Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......s from the impugned judgment that the matters were decided wholly and solely relying only on section 352 of Mulla’s Mohammedan Law without adverting to the various contentions raised by the parties holding that “in deciding the question regarding custody of minor children we refrain from making ..Category: Family Law | Date: | Hits: 250
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......ghter-in-law to show that the deed was legally executed and registered with the free will and consent of the plaintiff having free and independent advice. Hence, the learned Single Judge was right in holding that the defendants totally failed to prove that the suit was barred by limitation. In the p..Category: Procedural Law | Date: | Hits: 154
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......as appointed to the then East Pakistan Secretariat Service Class-I on 12-11-70 on the basis of the then East Pakistan Civil Service Combined Competitive Examination, 1969. At the material time he was holding the post of Deputy Secretary. He similarly complained that without promoting him the Council..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ...... and 24-2-97 referred some papers showing that the writ-petition functioning as the Chairman of the Union Parishad even in February, 1997 and as such the High Court Division, he submits, was wrong in holding that the petitioner had obtained the stay order upon suppression of facts. 5. It is not ..Category: Others | Date: | Hits: 112
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......urther referring to the decisions Md. Iman Ali vs. Mir Abdus Salam, 1988 BCR (AD) 125, Khurshid Anwar vs. Jamil Akhter, 1986 BLD (AD)83 and some others submitted that the High Division was wrong in holding that there was no valid service of notice upon the defendants. He submitted that the declara..Category: Procedural Law | Date: | Hits: 134
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with his family for long. He never wanted to shift his homestead to Bangola and never entered into any agreement for sale of the suit land with the plaintiffs. He purchased only a nal land fit for agricultural purpose at Bangola mouza. 4. A learned Subordinate Judge of Manikganj dismissed the......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......pass an order of dismissal the Respondent was required to be specifically authorised by the Parishad in that behalf, himself being not the appointing authority. The High Court Division was correct in holding that the dismissal order was passed by an incompetent authority…………..(9 & 10) ..Category: Employment/Service Law | Date: | Hits: 145
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......ve at the instance of the elected Chairman is from judgment and order dated 10-3-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 519 of 1999 discharging the Rule and upholding the order dated 30-7-1998 passed by the Election Tribunal Moheshkhali, Cox’s Bazar in ..Category: Election Law | Date: | Hits: 109
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... (3) The learned Judges committed great illegalities causing a serious miscarriage of justice in discarding the evidence of PWs 1, 4, 8, 12 and 18 and other material evidence on record and abruptly holding that the prosecution failed to prove the case beyond all reasonable doubt that accused respo..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......have corroborated each other about the possession of the plaintiffs in the suit land. 5. On appeal by the defendant respondents the learned appellate court dismissed the appeal holding, inter alia, that there is no reliable evidence in support of the defendants case about taki..Category: Property Law | Date: | Hits: 76
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......e plaintiff late Dr. Md. Ismail Khan from the judgment and order of a learned Single Judge of the High Court Division dated 12-8-91 passed in Civil Revision No. 482 of 1988 discharging the Rule and upholding thereby the judgment and order dated 24-4-88 passed by the learned Senior Assistant Jud..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......tion could have been taken in derogation of the rights of the allottee/lessee except upon giving an opportunity to defend against the proposed action, and as such the High Court Division has erred in holding that "the question of principle of natural justice does not arise." 5. We h..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ...... Ariff, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division misread and misconstrued the Memo dated 27 October, 1998 as an order withholding B.Sc. (Honours) and M.Sc. examination results and thereupon erred in holding that respondent..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......and possession. The learned Advocate-on-Record further submitted that in the name of domesticated son-in-law did not acquire any right title and possession the Court of appeal below erred in law in holding that the plaintiffs have acquired title on the basis of adverse possession. 11. Admitte..Category: Procedural Law | Date: | Hits: 112
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ...... Sunamgonj. 4. In the appellants contested the case by filing written statement contending inter alia that the application is bad for defect of parties and all the co-sharers of the case holding have not been made parties mentioning specifically that Abdur Rashid Chowdhury and Tofa..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... fixed for hearing of the Rule and the submission that the High Court Division erred in not construing the Assistant Administrator's letter dated 22.07.1999 as a fresh cause of action and in holding "writ petition is a device to side track a proper and legal process obviously to ignore..Category: Property Law | Date: | Hits: 57
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......and Assistant General manager seek leave to appeal against the judgment and order dated 07.09.2003 passed by the Administrative Appellate Tribunal in Appeal No. 57 of 2002 dismissing the appeal and upholding the judgment and order dated 20.06.2002 passed by the Administrative Tribunal, Dhaka in Admi..Category: Anti-Corruption Laws | Date: | Hits: 83
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......e order. Leave was granted in the appeal to consider that; "Mr. Abdul Momen Chowdhury, learned Advocate for the petitioner, submitted that the High Court Division was wrong in not holding that the judgment of the Labour Court (Annexure-H) has been passed in the absence of any evi..Category: Labour and Industrial Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......Jhenidah dismissed Title Suit No. 175 of 1985 on 27.03.1991. On appeal, the learned District Judge, Jhenidah affirmed the judgment of the trial court in Title Appeal No. 55 of 1991 on 14.03.1992 holding that the plaintiffs failed to prove their possession within 12 years preceding the instituti..Category: Property Law | Date: | Hits: 57
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