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Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960.......der that the alleged vendor of the plaintiffs, Kallayani Debi, had no saleable interest in the suit land after the execution of the money decree in reference and that the High Court Division erred in law in holding that because of withdrawal of Title Suit No. 256 of 1963 by Surendra Nath Bhowmik, th..Category: Property Law | Date: | Hits: 51
Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)
....f paper books is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955.......ms allegedly under the instruction of Dr. Qazi Faruque Ahmed vehemently entered into the Proshika Bhaban, Mirpur took over control and possession of the same; that on 14.01.2010 early morning the law enforcement agency removed all miscreants from Proshika Bhaban and the Deputy Commissioner of Po..Category: Civil Law | Date: | Hits: 103
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......d against the judgment and order dated 22.01.2008 passed by the High Court Division in Writ Petition No. 2766 of 2006 making the Rule absolute. 2. The facts, in short, are that the petitioner is a law abiding citizen of Bangladesh. He is also the elected President of the Bangladesh Parjatan Corpo..Category: Employment/Service Law | Date: | Hits: 95
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......fs to put their case; that the defendants suppressed the whole material facts and the High Court Division failed to apply its judicial mind in assessing the materials on record and the provision of law applicable thereto; that the High Court Division manifestly erred in law resulting in an error o..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......nd in view of the judgment and decree passed in Title Suit No. 59 of 1992 held that the Title Suit No. 28 of 1997 is hit by the principle of res-judicata and the Courts below committed gross error of law in overlooking the aspect of res-judicata and thereby judgment and decree passed by the courts b..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......ka Medical College, Dhaka on false plea of the petitioner being over age on the basis of the notification dated 7-10-99 as contained in Annexure-G should not be declared to have been made without any lawful authority and or such other of further order or orders passed as may be deemed fit and proper..Category: Others | Date: | Hits: 100
....arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
......াঃফোঃ-4/6308 dated 22.03.2003 (Annexure-A) asking the petitioner to submit statements of his properties including his assets and liabilities should not be declared to have been made without lawful authority and is of no legal effect.
2. Background of issuance of the Rule in short is th..
Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......esaid two Sessions cases the accused-appellant preferred these two Criminal Appeals before this Court. 8. Since both the appeals are pending between the same parties and same question of facts and law is involved in these appeals, so both the appeals have been heard analogously and these two appe..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......le Nisi issue calling upon the respondents to show cause at to why the 3rd proviso to Bidhi 5(4) of the Shammpattir Bazar Mullya Nirdharan Bidhimala, 2002 shall not be declared to be void and without lawful authority and the memo No. 284 dated 25.5.2008 issued by respondent No. 3 (Annexure-A-1) and ..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......ndent nos. 4 and 5 approving car loan facility for the executives of the respondent bank (as reproduced under paragraph no.05 of the writ petition), should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to impose ..Category: Banking Law | Date: | Hits: 205
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ...... application and the High Court Division upon hearing the contesting parties made the Rule issued thereon absolute observing, amongst others, that: "The Court of appeal below on a misconception of law held that since the plaintiff was not a party in the order mutating the name of the defendant, h..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......part of the defendants in prosecuting the matter. The reason for which the learned Joint District Judge has set aside the ex parte decree and allowed the Misc. Case is based upon misconception of law. The Court has no power to set aside an ex parte decree for ends of justice or for any cause oth..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744....... argument after placing the relevant materials on record including the impugned judgment as well as the judgment of the trial Court below submits that the Court of appeal below under misconception of law and facts most illegally without adverting the material findings of the trial Court passed the i..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......re in the so-called Salishnama to exchange the property of the plaintiff. Since transfer of property by exchange can be made only in the manner provided for transfer of property by sale in the eye of law the Salishnama has got no legal bearing unless it is a registered instrument. Section 54 of the ..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......t Punishment) Ordinance, 1983 was in force and in view of provisions of section 2 of that Ordinance, the provisions of that Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. The ingredients of the offence of section 366 are also incorporated..Category: Criminal Law | Date: | Hits: 29
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......reby removing the petitioner from the post of Mutwalli and appointing respondent No. 2 Md. Mobarrak Hossain as Mutwalli of the said Waqf Estate, should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......ppeared for the defendant opposite party No.1 and filed a counter affidavit to oppose the Rule. 7. The learned Advocate for the plaintiff-petitioners firstly submits that the courts below erred in law in coming to a finding that the plaintiff-petitioners have no prima facie case without consideri..Category: Procedural Law | Date: | Hits: 80
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......of the engine and ad valorem court-fee therefore ought to have been paid in view of the provision of Section 7(iii) of the Court Fees Act 1870 and that the learned Munsif committed a great error of law by holding that valuation given by the plaintiff was correct, resulting in an error in decisio..Category: Civil Law | Date: | Hits: 159
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ...... 6. Mr. Shawkat Ali Khan, the learned Counsel having taken me through the impugned judgment and the evidence on record had submitted that the order of conviction and sentence cannot be sustained in law because there is no finding arrived at by the court below to the effect that the accused intende..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......he parties cited decisions in support of their contentions. 7. As the arguments advanced by the learned Counsels centre round of jurisdiction of this court it would be rather profitable to see the law in force in Bangladesh governing the field. This brings me to trace the origin of the Admiralty ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
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