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Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
.... not by itself be a valid ground for interference by this revisional Court unless it can be shown that the Court below has committed an error of law in the decision occasioning failure of justice. The judgment and order of the Subordinate Judge may have been an improper one not having ...... fact only in exceptional circumstances when the findings are shockingly perverse or these are vitiated by non reading and misreading of the material evidence or misconception of any important document affecting the merit' of the case. The learned Advocate of the petitioner has not been able..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ...... Court Division was wrong to grant permission to construct a building upon the land in possession of the defendant and as such his decision merits interference by this Court; that without any documentary evidence of the parties regarding exclusive possession of the defendants in the suit la..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
....and the writ petitioner in complying with the letter submitted the wanted documents on 8.8.2002. As the delay in issuance of C.P. will cause pecuniary loss to the writ petitioner a notice demanding justice was served upon the writ-respondent No. 1 for issuance of C.P. but with no redress. The writ......97 and the vehicles are imported as per import policy of the country at the relevant time. After shipment of the goods the respondent received the invoice, bills of lading and other relevant shipping documents from the L.C. opening bank after endorsement. That after arrival of the goods at Chittagon..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....nd for placing his name at the appropriate place in accordance with the Rule but the respondents did not do so. The writ petitioner then on 02.11.1999 served a notice upon the respondents demanding justice. Thereafter, the writ petitioner moved the High Court Division in revisional jurisdiction ......he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
.... but the High Court Division totally ignored to record any findings on the said vital points of law and committed errors of law and passed the impugned judgment causing serious miscarriage of justices; that identifications and the manner of possession of 16 C.S. Plots not having been given ...... by the ex-Zaminder and getting delivery the possession of the same and the subsequent Pattan given to the Ibrahim Mondal, the predecessor of the defendants having been proved by evidence oral and documentary nothing remained with Manjony Bibi, either to make oral gift to Sayed Ali Mollah or get..Category: Property Law | Date: | Hits: 27
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......lant. 6. The learned advocate-on-record for the pre-emptee appellant submitted that the High Court Division failed to consider that the premptor respondent Nos.1 and 2 failed to produce any documentary evidence in the form of rent receipts or any other document of title or even adduc..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..Category: Property Law | Date: | Hits: 33
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....administrative forums for remedies available to it as contemplated under regulations 51, 52 and 53 of the PPR, (2) the impugned order dated 5.11.2006 was violative of the principle of natural justice as the same was passed against the respondent No. 1, writ-petitioner, without giving a...... the respondent No.1, writ-petitioner, was non-responsive without proper appreciation of the fact that the respondent No.1, writ-petitioner, submitted its bid having fully disclosed in its bid documents that it participated in the bid as an agent of its disclosed principal, Automatic Identi..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....particular loan nor gave any positive finding that particular loan was of fictitious or benami character; the inquiry was not held according to the prescribed procedure and the rule of natural justice was violated; although the Tribunal was not required to act like a Court of appeal but it ......t the learned Administrative Tribunal found that the allegation regarding irregularities made by the respondent No.1 in advancements of agricultural loans were proved in the departmental inquiry by documents in as much as the respondent no. 1 did not obtain the signature of the local chairman an..Category: Administrative Law | Date: | Hits: 104
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....s has been a case of mere misdescription of the plaintiff. Such misdescription of the plaintiff can at best be taken to be a technical defect and it should not be allowed to defeat the ends of justice. The policy underlying sections 21 and 99 of the Code of Civil Procedure is that when a ca......of the Government has been looking after and managing the same. S.A. and R.S. Khatian was therefore prepared in the name of the Forest Department. The defendant Nos.2 and 3 by creating some forged documents of the suit land filed T.S. No. 29 of 1984 in the Court of the Assistant Judge, Kaliakoir..Category: Property Law | Date: | Hits: 35
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ..Category: Criminal Law | Date: | Hits: 43
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ..Category: Criminal Law | Date: | Hits: 36
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....ed 12/9/1999 issued under the signature of defendant No.2 the service of the petitioner was terminated in violation of the Service Rules of BOESL and also in violation of the principles an natural justice. The defendant Nos. 1 and 2 contested the suit by filing a written statement contending, in......anager (Foreign employment), Mr. Mosharraf Hossain, Manager (Foreign employment) and Mr. Enamul Haque, Manager Accounts of BOESL but none of them were made parties in the suit and no paper or document was filed to show their enmity with the petitioner of that they were instrumental behind t..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....e High Court Division, contended that the High Court Division in its revisional jurisdiction rightly passed the impugned judgment and order and there is no error in the decision causing failure of justice. 6. We have heard the submissions of the learned lawyers of both the parties and pe......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..Category: Property Law | Date: | Hits: 27
Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)
....n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ..Category: Procedural Law | Date: | Hits: 79
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ..Category: Property Law | Date: | Hits: 53
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......spect of 68.20 acres of land, total land in suit is 69 acres, is on the basis of kabuliy at of July 30, 1927 (Ext. -Kha). 6. The trial Court on consideration of the evidence, both oral and documentary, held that as the plaintiffs' predecessor settled the land to the predecessors of the d..Category: Property Law | Date: | Hits: 19