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Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......nt Nos.1 and 2 of the suit. The High Court Division also found that the trial Court rightly decided the matter in controversy and hence did not commit any error of law resulting in an error in the decision occasioning failure of justice in passing the judgment and decree. 9. Considering t..Category: Property Law | Date: | Hits: 49
Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......but nevertheless a recognised non-Government secondary school does neither become a statutory body nor a local authority' within the meaning of the General Clauses Act, Referring to the above decision, this Division, in the case Noor-e-Alam vs. Bangladesh, 60 DLR (AD) 12, held that Rif..Category: Others | Date: | Hits: 270
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......Advocate-on-Record for the petitioners and perused the connected papers. We are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is therefore no warrant in law to interfere with the same. Accordingly, the ..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......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. ..Category: Property Law | Date: | Hits: 22
Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......ncluding 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 same. The petition is accordingly di..Category: Labour and Industrial Law | Date: | Hits: 90
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......Mr. Rafique-Ul-Huq, the learned Counsel argue while moving this review that an error of law apparent on the face of the record has been committed in refusing to grant leave to appeal relying on the decision reported in 21 DLR page 357 since it is no longer applicable in view of Articles 2 and 6 of..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......ion over the suit property as co-sharers, we are of the view that ends of justice would be met if the receiver continues to remain in possession and the aggrieved party goes to the civil Court for decision about title and possession over the same, that since the first party claims the property t..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......in that the order of compulsory retirement was legally passed and confirmed in appeal because of the respondent's conviction on a criminal charge in a Martial Law Court. 5. It appears that the decision in the matter at both the trial and the appellate stage turned on the question as to whethe..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... an order. If, however, the competent authority considers that a lesser penalty or no penalty at all is called for in the circumstances of the case, there is no bar to that authority taking a decision accordingly. If it is decided to award the penalty of dismissal, removal or reduction..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......, Title Appeal No.16 of 1964 to the District Judge. The appeal was on transfer, heard by the learned Subordinate Judge, Kushtia, who agreed with all the findings of the trial Court and affirmed its decision. 7. The unsuccessful defendant then preferred Second Appeal No. 1077 of 1966 t..Category: Property Law | Date: | Hits: 36
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ...... case and the evidence on record the trial court dismissed the suit. The unsuccessful plaintiff then took an appeal there form to the High Court Division which, by the impugned judgment, reversed the decision of the trial court and decreed the suit in part allowing preemption. 5. In terms of the ..Category: Property Law | Date: | Hits: 66
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ...... the Ad hoc committee of such Society, appointed under Section 23 of the Ordinance, amenable to the writ jurisdiction as well. 7. In support of his contention Dr. Hossain cited the following decisions:- Ziaul Huq Vs. East Pakistan Co-operative Society Limited and others, PLD 19..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....uot; has not been defined in the Act. It has also not been stated in the Act what period of illness would be regarded as "continued ill-health". It was held that in the absence of a legislative guideline the period of illness that would be considered to be "continued ill-heal......the Labour Court was disposed of by the High Court Division by sending the case back to the Labour Court for re hearing on certain matters. The Labour Court after re-hearing reiterated the previous decision by judgment and order dated 22-10-87. Being aggrieved the appellant obtained a Rule N..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ...... submissions, first, that while exercising jurisdiction under Article 102 of the Constitution the High Court Division was wrong in converting itself into a Court of Appeal and in reversing the decision of the Court of settlement without coming to the conclusion that its decision is vitiated ..Category: Property Law | Date: | Hits: 42
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......direct or require the restoreation, return, transfer or other disposition of any property as has been so taken over or vested, shall stand annulled and shall be of no effect as if such judgments, decisions, decrees, writs, injunctions or orders had not been rendered, passed, issued or made, ..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... and for no cither purpose. He further submits that if any person is aggrieved by any order of the administrator pending any one as Motwalli may prefer appeal to the District Judge whose decision shall be final under section 43 of the Ordinance and when in the present appeals were dism..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ...... that the suit land fell in the saham of Bishatullah by amicable partition and that the sale deeds alleged by the plaintiffs were not acted upon. Accordingly, the learned Subordinate Judge upheld the decision of the trial court. 6. The unsuccessful plaintiffs then moved the High Court Division wi..Category: Procedural Law | Date: | Hits: 36
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ....... Thereafter with the change of the Government, after the Parliamentary election on 1st October, 2001, some disgruntled elements started a campaign against the writ petitioner and also against the decisions of the Governing Body, headed by the 'former member of parliament and an application was ..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......uit inasmuch as admittedly there was insufficiency of evidence in the case at least on the part of the defendant but for no fault of the defendant petitioner. The learned Advocate referring to the decision in the case of Bangladesh and others Vs. Dhaka Lodge Welfare Society reported in 40 DLR (A..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ......ication. 5. In the facts and circumstances of the case, we are of the view that the Administrative Appellate Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (A..Category: Administrative Law | Date: | Hits: 92