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Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......nnexure-D to the writ petition, i.e. the impugned annexure, is legal or not. As regard the liability, if any, in connection with the mortgage, claimed by the appellant the same would be matter for decision in some other forum but not in writ jurisdiction. As such bank is not legally entitled to ..Category: Property Law | Date: | Hits: 36
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. ......ell in error in not taking into consideration the illustrious case of Gangamoye vs. Troiluckhya Nath Choudhury and other, reported in 35 Indian Appeal (Privy Council) 60 and similar other decisions in this regard including the case of Abdur Rahman vs. Abdur Rahim reported in 35 D..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. ......y;ed amendments in clauses 4, 6 and 12 in the draft agreement for sale of the suit property, which the plaintiff was called upon to sign. Discussions and negotiations then followed but there was no decision. The plaintiff awaited further discussions in the matter and was ready to pay the money so..Category: Property Law | Date: | Hits: 33
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ...... case, we are of the view that, except the single economic unit point, the High Court Division upon correct, appreciation of law and assessment of the materials on record arrived at a correct decision by making the rule absolute. We would deal with the single economic unit point in an ..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......ed Administrative Appellate Tribunal, on examination of the records agreed with the finding of the Administrative Tribunal that the respondent No.4 the Assistant General Manager, placed the decision regarding to initiation of departmental proceeding against the respondent No.1 before the ..Category: Administrative Law | Date: | Hits: 104
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......n held that the statement of the present petitioner that the Waqf Administrator gave permission to transfer the suit land in her favour is not correct. The High Court Division considering a number of decisions, held that a Mutwalli of a Waqf Estate is mere manager and not ostensible owner. 9. Thu..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......false complaints filed against the petitioner by the defendant Nos. 3 and 4 and on the basis of two such allegations against the petitioner the Board of BOESL, in its meeting held on 9.9.1999, took decision to terminate his service without giving him any opportunity to defend him and then by Memo..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....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. ...... No.7) old address at 57 now 83 Banga Bandhu Road, Narayangonj but subsequently, perhaps thinking that since the suit was a partition suit and summons should be served properly changed her earlier decision and by a fresh application dated 12-08-2005 amended the plaint and took steps to issue fre..Category: Property Law | Date: | Hits: 24
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. ......of Civil Procedure. 6. We are of the view that the High Court Division on proper consideration of the materials on record and applying the principle of law as applicable arrived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is ..Category: Property Law | Date: | Hits: 25
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. ......itation whereas the appellate Court as a final Court of fact came to the finding that the suit was not barred by limitation. Upon consideration of materials on record this Division upheld the decision of the High Court Division. 5. Mr. A.S.M. Zillul Haque, the learned Senior Advocate ..Category: Property Law | Date: | Hits: 53
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality 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: IV ADC (2007) 855. ......dingly the application is liable to be rejected as not maintainable. 8. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the ..Category: Business or Commercial Law | Date: | Hits: 151
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. ...... suit i.e. 69 acres of land. These two findings covered the entire subject matter of the suit. The appellate Court on independent consideration of the evidence having had affirmed the findings and decisions of the trial Court or in other words having had concurred with the findings and the decis..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......the suit land when he sold the suit land to the defendant Nos. 1-3. 5. 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 cogent reason to interfere with the same. The petition is dismissed..Category: Property Law | Date: | Hits: 63
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......r proof of the facts regarding talk of sale of the suit land, delivery of possession, receipt of consideration money and the execution of the sale deed and thereby arrived at an erroneous decision. In such view of the matter the impugned judgment of the High Court Division is liable to ..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......of dead person. In that view of the matter we are of the view that High Court Division has committed no error in affirming the judgment of the appellate Court decreeing the suit on the finding and decision as stated hereinbefore and as such no interference is called for with the judgment sought ..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......missing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the plaintiff is the mutwalli, which was decreed by the trial Court. The decision of the High Court Division is mainly based on the finding that no valid waqf was created b..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......he result will be that in the ease of such a transfer, it must not only comply with the rules of Mohammedan law, but also satisfy the requirements embodied in this statutory provision." Here, the decision in the case of Nasib Ali Vs. Wajed Ali, AIR 1927 (Cal.) 197 was distinguished on the ground..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......y absolute and vested right of stoppage and release. 13. In the circumstances, we find no substances in the submissions of Mr. Saidur Rahman. 14. In view of the discussion above, the decision arrived at the High Court Division although without discussing the prosecution case o..Category: Criminal Law | Date: | Hits: 96
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......on taking into consideration the effect of transfer in view of the deed of heba-bil-ewaz dated 20.3.82 exceeded the direction of the High Court Division and further, the principle laid down in the decision reported in 35 DLR(AD) 225, being inconsistent with facts of the present case, is not appl..Category: Property Law | Date: | Hits: 34
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......uted document which was dismissed by the trial court on the ground that there was no material on record to indicate that any appeal was filed before against the order of the Sub-Registrar. The said decision was affirmed by the appellate court on the finding that in view of the admitted fact the ..Category: Procedural Law | Date: | Hits: 97
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