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Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......actice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On consideration of evidence, oral and documentary, and the attending circumstances, both the trial Court and the appellate Court came to a..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
.... was created in the mind of the respondent No.1 and the sudden withdrawal of the same, without assigning any reason, is not only arbitrary but is also violative of the principle of equity and natural justice. 8. As it appears from the Tender Schedule, Annexure-A to the writ petition, Tender was ......id not constitute a binding agreement and hence the question of breach of the agreement did not arise and the appellant was at liberty to withdraw the letter of intent; one of the items of the tender document as amended was that the generators would have been carried by air and delivered within 30 d..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....er, a former Member of the Parliament from Sonargaon area, a former Minister of Social Welfare and Women's Affairs, has undertaken various steps to alleviate social injustice; the Ministry, Local Government and Rural Development i.e. LGRD, the Ministry of Health and......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....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. The petition is dismissed. Ed. ......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. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......e salient provision of section 39 of the Sea Customs Act. This section has made it an offence, to put it briefly, if any untrue statement made in any declaration, notice certificate or other document lodged with the Customs authority. The section further provides (hat where there has been ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....iny and no consideration has been given to inherent absurdities or improbabilities of them, then the appellate Court's finding cannot claim sanctity. This Court, whose duty it is to see that complete justice is done to all parties, cannot but interfere in such situations………………(18) Ca......road fact remains that PW 18 was competent under the law to record Ext. 7 and he has recorded the same and proved the same in Court. Can any lawful objection be raised as to the admissibility of this document as has been argued by Mr. Malek? The learned Advocate also emphasised about the three def..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......the defendant Nos.2 and 3, that the plaintiffs at no point of time had right, title and interest as well as possession in the land in suit. 5. On consideration of the evidence, both oral and documentary, particularly Exhibits 1 and 2 (sale certificate and certificate relating to delivery o..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....the earnest money and for return of the amount received as rent from the land in suit is not legally well founded and, as such, the relief so sought cannot be granted, that it will be consonant to justice if plaintiff is directed to return the earnest money to the defendants and thereupon would ......n favour of the plaintiffs on taking deposit of the balance consideration money, c) that the defendant No. 1 be restrained by an order of temporary injunction from creating any fraudulent, forged document till the disposal of the suit, d) that the cost of the suit be decreed against the cont..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......affects the question of title or possession to land. It has power only to correct Khatian if it has been made as a result of bonafide mistake.........Moreover, revenue officer cannot declare a document to be void". The appellate Court also observed that the defendant No.1 in cancelling ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....ating that those papers having been admitted in evidence without due consideration to the objection raised by the learned Advocate on their behalf, it shows that the appellant would not get proper justice from the Tribunal and accordingly he prayed for stay of the proceeding by the Tribunal for ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... Metric Tons of poly propylene value amounting to Tk. 21,00,000/- and deceived payment of Tax to the authority by forging signature of the commissioner; that by submitting the aforesaid documents on 15-06-2002 in the office of Custom House tried to release the said goods and at that t..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....is submissions, he referred to the provision of Section 540 of the Code of Criminal Procedure and argued that the said provision gives wide power to the trial Court to recall witnesses for ends of justice and for fair trial in the event of refusal of recall of witnesses by the trial C......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....in their pay scale, they would be deprived of such opportunity though they also held similar position of the Chief Medical officer and as such it being contrary to principle of equity and justice required to be interfered. 5. The rule was contested by the present petitioners ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....lso his joint Mutawallies, still he was not aware of the appeal, and as such, the learned appellate Judge committed an error of law in allowing the Miscellaneous Case which occasioned a failure of justice, as the respondent opposite party failed to prove that the notice was not duly served or th...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266