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Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ting the minors by the father as well as the grand parents while the minors are in the custody of the mother and that in case of difference as to the time and place of visiting the minors the final decision has been left with the Family Court before whom Family Case No. 61 of 2007 is pending. ..Category: Family Law | Date: | Hits: 171
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... of the defendant No.1's predecessor, that from the analysis of evidence produced by the plaintiffs it is seen that the plaintiffs are in possession in the land in suit. 8. On the aforesaid decision and findings the appellate Court allowed the appeal and thereupon decreed the suit upon se..Category: Property Law | Date: | Hits: 28
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
....n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......ected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision and dismissed the appeal. We therefore find no reason to interfere with the same. A..Category: Civil Law | Date: | Hits: 150
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......ssed in Title Suit No.68 of 1977 could be declared illegal or void. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any i..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here 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: VI ADC (2009) 519. ......re actually the land of the father of the plaintiff and that the plaintiffs and his father live in the same mess and as such there are excess land of the plaintiff and his father; against the said decision the plaintiff filed Appeal No.1/XV/1976-77 before the Additional Deputy Commissioner (Rev)..Category: Property Law | Date: | Hits: 26
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......xercise of the power of review except in the manner provided by law. A party is not entitled to seek a review of a judgment delivered by this court merely for the purpose for rehearing and a fresh decision of the case and departure from that principle is justified only when circumstances of a su..Category: Administrative Law | Date: | Hits: 159
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....ere 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: VI ADC (2009) 488. ......r the petitioner and it is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advise of his learned lawy..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....ere 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: VI ADC (2009) 485. ......on for leave to the Headmaster of the School who granted her leave subject to the approval of the Managing Committee and it does not appear from the records that the plaintiff was communicated any decision taken by the Managing Committee upon the said prayer and further the plaintiff, after obta..Category: Employment/Service Law | Date: | Hits: 66
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. Both the petitions are ac..Category: Employment/Service Law | Date: | Hits: 57
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and 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: VI ADC (2009) 469.......t No.1 has been proved for more than 12 years, he is entitled to get title even on the basis of invalid title though the defendant No.1 did not specifically claim title by adverse possession vide the decision reported in 7 DLR 94. We are of the view that the High Court Division on proper consider..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ......ng the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the legal position and materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is acco..Category: Business or Commercial Law | Date: | Hits: 163
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ....... We are of the view that the High Court Division on proper consideration of the materials on record discharged the Rule. The learned counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is ..Category: Property Law | Date: | Hits: 34
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......ince 8tn of October 1997 with the agony duly confirmed by the High Court Division and affirmed by this Division and the period presently being altogether almost about 7 years and has referred to a decision in the case of Sheikh Ahmed Vs. The State reported in 1979 Bangladesh Supreme Court Report..Category: Criminal Law | Date: | Hits: 35
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....gh Court Division. We regret to say that the Appellate Tribunal seems to be totally unaware of the settled law that notwithstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under article 102 itself the High Court Division is yet entitled......l No. 43 of 1989). Judgment ATM Afzal CJ.- This appeal, among other, raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the High Court Division given in the writ jurisdiction interpreting a provision of law..Category: Administrative Law | Date: | Hits: 110
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......es of Judoo Lall Mullick vs. Gopaul Chunder Mookerjee, 13 LA. 77 and 1877 L.R. (5) 133 in support of his submission. 8. For the purpose of this appeal we find it to be unnecessary to give a decision on the respective merits of the two sides' submission. The right of pathway, admitted..Category: Procedural Law | Date: | Hits: 64
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......was issued upon the respondent after the expiry of 15 days as required under the provision of law. 6. In support of the submissions Mr. M. Shamsul Alam learned Senior Advocate refers to the decision in the case of Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another in 9 MLR (AD) 299. ..Category: Criminal Law | Date: | Hits: 42
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......the deed in question not genuine or in other words forged, then as the deed has been used by the appellant in the court as genuine inspite of the same being forged it is for the court to make decision whether to proceed against the appellant for the offence said to have been committed under..Category: Criminal Law | Date: | Hits: 50
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....nder the Proviso to Article 133, which is done because the Parliament not having passed any law on the subject, the President cannot make them retrospective in operation. The rule making power is a legislative power and what can be done by passing a law by the Parliament can equally be done by th......dgment declared rule 4 of the Government Servant (Seniority of the Freedom Fighters) Rules, 1979 to have been made without any lawful authority under Art. 133. Mr. Ahmed pointed out that this decision was cited in the High Court Division but the learned Judges did not consider the same on t..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......r withdrawal of resignation while the same was of immediate effect. Moreover, there is no provision in the Regulations for withdrawal of the letter of resignation pending communication of decision as to the matter of acceptance of resignation by the authority. It was also the contentio..Category: Employment/Service Law | Date: | Hits: 95
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......er the act of dispossession so as to pass a finding as to pass a decree or dismissing the suit. Non consideration of vital evidence relating to possession and dispossession affected the decision of the learned Judge materially and this error has occasioned a failure of justice. ..Category: Property Law | Date: | Hits: 33
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