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Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......isional application before the District Judge against the order passed by the Joint District Judge in a suit the valuation of which is Taka 3,77,61,225 and the said Bench in view of the conflicting decisions given by other Benches referred the matter to the learned Chief Justice to constitute a ..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ....../93 at present Suit No. 215/03 stating that the suit property is a debotter which is not alienable transferable according to Hindu Law and came to a wrong conclusion and committed illegally in the decision; that the suit property is a debotter property and many people come there for Puja Archana..Category: Civil Law | Date: | Hits: 100
Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 222. ......, it Ms been held that the writ petition filed a Government servant challenging his order of transfer is not maintainable. We are of the view that there is no illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dism..Category: Employment/Service Law | Date: | Hits: 73
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......nt acquired the same under section 20(2) of the S.A. & T. Act and since then it has been possessing through its lessees". The appellate Court after making the aforesaid finding and decision considered the case of the plaintiffs and observed "So the story of pattan found to h..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......o provided in the said section is quite elaborate and finally notice for the acquisition is published under section 5(7) of the Act and this publication of the Gazette Notification reflects the final decision of the acquisitioning authority. In the instant case as mentioned earlier the Government de..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ...... Court of Sessions. This is not permissible in law. This not being a judicial proceeding pending after cognizance by a competent Magistrate this Court cannot quash such inquiry proceeding. In a decision in the case of Syed Mahammad Hashem alias Hashim Vs. State reported in 48 DLR (AD) 1996) ..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......ibunal or his release on bail, the accused person absconds or fails to appear before it, the procedure as laid down in subsection (6) shall not apply and the Tribunal shall, after recording its decision so to do, try such person in his absence. . . . . . ..Category: Criminal Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ......the High Court Division that there was an inquiry by the Government as regard the petitioner's owning and possessing property said to be disproportionate to his known sources of income and finally decision was made that notice need not be served on the writ-petitioner as per provision of section..Category: Criminal Law | Date: | Hits: 29
Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 2005, 34 CLC (AD)
....delay is not convincing and satisfactory. Accordingly the application for restoration is rejected being barred. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 181. ......os.115-120 of Motijheel Commercial Area between the petitioner and the Jiban Bima Corporation and over that suits were filed by both the parties. In the afore state of the matter the authority took decision to get the dispute between the petitioner and the Respondent resolved by a sole Arbitrator..Category: Procedural Law | Date: | Hits: 71
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......e petitioner nor the petitioner was convicted in any criminal offence involving, moral turpitude. He added that the Authority with a malafide intention and without following the laws has taken its decision against the petitioner and the Authority did not apply their mind at the time of issuance ..Category: Others | Date: | Hits: 91
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......e Rule discharged the same. 8. In the facts and circumstances of the case, we are of view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petit..Category: Property Law | Date: | Hits: 19
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......de regarding the vires of Government Servant (Discipline and Appeal) Rules, 1985 as pleaded in the case, the High Court Division acted without jurisdiction in deciding the case disregarding the decision in the case of Mujibur Rahman reported in 44 DLR (AD) 111 clearly spelling out the jurisd..Category: Employment/Service Law | Date: | Hits: 62
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
.... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ......-Record. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record and appreciation of law arrived at a correct decision in the matter. The petitioner was not liable to be removed unceremoniously. There is there..Category: Election Law | Date: | Hits: 84
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......it is stated in section 195(2) that the term "Court" used in this section includes a Civil Court, Revenue Court or Criminal Court, the interpretation of the meaning of such Court by the subsequent decision of the High Court Division and as well as Appellate Division do not recognise Revenue Offi..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......cause of the above the victim committed suicide. 8. Accordingly we are of the view that the High Court Division considering the evidence on record and the circumstances arrived at a correct decision in holding that the respondent is entitled to benefit of doubt as the prosecution failed t..Category: Criminal Law | Date: | Hits: 48
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......LC (AD) 115 it has been that a judgment, whether inter parties or not, may be conclusive evidence against all persons of its existence, date and legal effect as distinguished from the accuracy of the decision rendered and in the case Anil Kumar Sarkar and others vs. Sree Sree Kalimata Bigraha report..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....t any legal obligation they are duty bound to perform under the law. 8. Mr. Anwarul Azim Khair, the learned Deputy Attorney General has submitted that where the rule is not made under any legislative sanctions namely constitutional or statutory authority it is a mere administrative instr......nistrative Appellate Tribunal in Appeal No. 126 of 2000 dismissing the appeal preferred against those dated 12.10.2000 of the Administrative Tribunal in A.T. Case No.230 of 1994 thereby affirming the decision of the Administrative Tribunal declaring that being a work-charged employee in a project th..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......n dismissed on this issue." 9. Accordingly we are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at the correct decision. The learned counsel could not point out any illegality or infirmity in the decision of th..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......offence or not. 7. We are of the view that the High Court Division on proper consideration of the principle of law laid down by this Division and also the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of th..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......e building and was never dispossessed from the building and still is in possession of the same on mutating his name in the Government Khatian and has been paying municipal taxes, gas bills and so the decision of the High Court Division does not call for any interference. 6. The High Court Divisi..Category: Property Law | Date: | Hits: 28
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