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Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ...... parties. It is categorically admitted that the O.P respondent No.1 is a stranger in the case Jama." 4. On the point of limitation the lower appellate court concurred with the decision of the trial court holding that: "the trial court made an elaborate dis..Category: Property Law | Date: | Hits: 34
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......in view of the discussion made above, we are of the opinion that the Administrative Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 132
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......t the plaintiff had manufactured some false and collusive documents and on the basis of those documents has filed this suit. 5. The trial Court decreed the suit. Being aggrieved by the decision, the defendant-petitioners filed Title Appeal No. 125 of 1970 before the District Judge, K..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......Single Bench of the High Court Division also took the view that filing of the written statement by the defendant within the prescribed period is a mandatory requirement of law and accordingly, the decision reported in 47 DLR 326 relying on which the High Court Division discharged the..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......r of which is residing outside Bangladesh for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh. The High Court Division considering the reported decision in the case of Messrs Helal Jute Press Limited Vs. Government of Bangladesh reported in 27 ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......r of the High School did not pay any heed to the request made by the School and, in that state of the matter, the Managing Committee of the School in its meeting held on November 30, 2001 took the decision to seek redress against the activities of the High School in the Court and also authorised..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......of section 6 of the Administrative Tribunals Act 1980, in short, the Act provides a right to prefer appeal before the Administrative Appellate Tribunal within three months against an order or decision passed by the Administrative Tribunal but sub-section (2A) of said section 6 confers power..Category: Administrative Law | Date: | Hits: 117
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 ......habuddin Ahmed CJ. - These two appeals by special leave are directed against a common judgment and decree of a learned Single Judge of the High Court Division reversing in revision the concurrent decision of the trial Court and the appellate Court. The principal question involved is, whether the..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......trict Judge, 2nd Court, Dhaka by his judgment and order dated 31.12.84 and on revision a Division Bench of the High Court Division, Dhaka by judgment and order dated 13.2.85 affirmed the findings and decision of the learned Subordinate Judge. 8. Before filing the present Title Suit No. 589 of 198..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......der Schedule the respondent. No.1 submitted bid for Taka 18,30,00,000 and then the respondent No. 3, in their letter dated 23-7-1998, Annexure-A 1 to the writ petition, informed the appellant of the decision that the above tender being recommended by the Board of Dhaka WASA in its meeting held on 1..Category: Others | Date: | Hits: 100
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......able from the facts of the instant case and when we drew attention of the learned Counsel to the facts of the case referred by him the learned Counsel felt difficulty to press his contention that the decision reported in the aforementioned law report has application in the facts of the instant case...Category: Property Law | Date: | Hits: 37
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. ...... as those were no more than some passing remarks. 7. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned Counsel could not point out any illegality or infirmity in the decision of th..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. ......ed Counsel for the petitioner in Civil Petition No. 478 of 2005 and perused the judgment of the High Court Division and other connected papers. 7. Mr. Ahmed submits that in view of the decision of the Board of directors of Sonali Bank dated 7-4-2004 Annexure-1 to the affidavit dated ..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. ......ed at the port. We, therefore, find that the interpretation of the High Court of Section 167(9B) of the Sea Customs Act is correct. 6. Mr. Attorney-General, however, has cited a few reported decisions in support of his contention that 'such goods' refer not to the confiscated goods, but th..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... the creation of a monthly tenancy of such premises, as is sanctioned under the Premises Rent Control Ordinance, 1963 would also be brought within the mischief of this prohibition provision and the legislative intent behind the said provision was, therefore, learned counsel has argued, to exclud...... 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)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......ghts. That evidence is not challenged in cross-examination, far less shaken. I find no reason to discard this evidence. The appellants found Zafar to be a thorn in their way and if they had taken a decision to remove Zafar from this world, then that is their decision. We shall not inquire what was..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....r. It is certainly not an acquittal. The proceeding is not brought to a close. It does not fade into a past and closed transaction. The same proceeding, however, cannot be revived unless there is a legislative mandate to that effect. By Ordinance No. XXIII of 1986, dated 27.3.86, section 339D was ......used that the arms of law will not reach them at all once the stipulated period is over. 8. Mr. Nabi, however, relies upon case of Md. Zoha @ Shamsuzzoha and another Vs. The State, 33 DLR 205, a decision of a Division Bench of the High Court Division Rangpur Bench, in support of his submission ..Category: Criminal Law | Date: | Hits: 46
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. ......es of the High Court ought to have held that this power could be exercised only when a formal enquiry proceeding had commenced and was pending and that they were not right in relying upon the decision of the Supreme Court of Pakistan in 16 DLR (SC) 251 and the minority view of the Supreme C..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. ...... appellate Court having had arrived at the finding that the defendants are in possession and thereupon dismissed the suit, the High Court Division was in error in setting aside the said finding and decision of the lower appellate Court on reassessment of the evidence. It has also been submitted ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......at the property was illegally treated as vested property and the same was leased out illegally to the defendants upon evicting the plaintiffs. The appellate Court without adverting to the finding and decision of the trial Court reversed the judgment and decree of the trial Court. The High Court Divi..Category: Tenancy Law | Date: | Hits: 156
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