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AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......it will be consonant to justice if plaintiff is directed to return the earnest money to the defendants and thereupon would get the land in suit back in his possession. On the aforesaid findings and decision the trial Court decreed the suit in the manner as stated hereinbefore. 12. As again..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......the plaintiff has no title to the suit land, the mutation of the suit land cannot stand in the name of the plaintiff. The lower appellate Court therefore committed an error of law in reversing the decision of the trial Court without considering the plaintiff's title to the suit land. The impugne..Category: Property Law | Date: | Hits: 35
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......ansfer can be initiated by any party at any stage, but that does not mean that the Tribunal is required to stay the proceeding to enable the party to move the Government for such transfer. The decision of the Tribunal has been made final and there is no other remedy in the enactment &nb..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......nds and buildings. 10. We get support to our view in the case Commissioner of Taxation Vs Trustees of St. Mark's Glebe reported in 1902 Appeal Cases 416 wherein a similar question arose. The decision of the question depends on the construction of section 11, sub-section (5) of the Lan..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......g the ratio in number of cases including AIR 1918 PC 102, 52 CWN 659, 39 CWW 934, 6 DLR 267, 17 DLR (West Pakistan) 26, 22 DLR 664 observed "It appears, therefore, that except for the solitary decision reported in AIR 1915 Cal 313 the preponderant view is that when a notice u/s. 106 of the ..Category: Trust/Waqf Law | Date: | Hits: 266
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......dant failed to prove the genuineness of the deed of heba-bil-ewaz and that the learned lower appellate court considered the facts and circumstances and evidence on record and came to a correct decision in passing the judgment decreeing the suit and the High Court Division without legall..Category: Property Law | Date: | Hits: 37
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......ame is not an exchange deed but a sale deed and that as the finding made by the appellate Court is 'not arbitrary, fanciful and perverse' as such on interference is called for with the finding and decision of the appellate Court. 7. Leave was obtained for consideration of the contention t..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ...... by the Bangladesh Bank to the Ministry of Finance in reply to a letter sent to Bangladesh Bank making certain queries and this being an internal communication made in the process of reaching decision un-communicated to the writ petitioner, it did not create any legal right in his favour an..Category: Banking Law | Date: | Hits: 124
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ment were evaluated by DMDP against the above criteria these were, in descending other of priority, Tongi, Savar, Dhamsona, while Purbachal/Yousufganj and Kaliganj secred negative. Any decision to proceed with major government initiated development at these locations are to be deferr..Category: Property Law | Date: | Hits: 31
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......tity of any registered instrument. 11. In the above facts and circumstances of the case and in view of the discussion made above, we are of the view that the High Court Division upon correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed with..Category: Property Law | Date: | Hits: 33
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......nt and the suit cannot be said not to have been instituted merely because of the existence of some defects or irregularities in the matter of signing and verification of the plaint." The decision cited above then refers to a number of decisions in support of the above view which also co..Category: Property Law | Date: | Hits: 118
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......gh Court Division are not in accordance with the well-established principle for reversing a decision of the trial Court and in this view of the matter this appeal must be allowed." Following the decision of the case in Nafar Chandra Pal Vs. Shukur reported in Indian Appeals (Vol. XLV) —183. T..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......sional statement of accused Mafizuddin is not true and voluntary. 10. In our view, the High Court Division upon proper and correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition ..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......idence in cross-examination of P.Ws.26 during retrial on second occasion they stated that different words by accused Imam Hossain in alleged order to accused Abul Khair. In the light of above decision above in the words or language used by accused Imam Hossain, in view of evidence of P.Ws...Category: Criminal Law | Date: | Hits: 52
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......e finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the findings and decision given on loan documents Ext. B & B (1) by the final court of fact on consideration of t..Category: Property Law | Date: | Hits: 26
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... is not permissible. 6. We are of the view that the High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..Category: Employment/Service Law | Date: | Hits: 82
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......2 April, 1990 passed by the High Court Division, Dhaka summarily rejecting the Writ Petition No.763 of 1990, filed by the petitioner. 2. The petitioner in the said writ petition challenged the decision of the Bangladesh Shilpa Bank (briefly BSB), respondent No.1, dated 10.4.90 (Annexure P) fo..Category: Banking Law | Date: | Hits: 117
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......nt June 11, 1989. Result: The petition is dismissed. Words & Phrases The official note processed by secretary of the election commission and the election commission arriving at a decision, on such note later on cannot be said to be order of the secretary as because the impugned ..Category: Election Law | Date: | Hits: 146
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......the basis of these frivolous and machinated charges and that the order passed against him under MLO 9 should be reviewed and rescinded and his prayer for reinstatement allowed. 3. Following this decision in the CMLA's Secretariat, the criminal case was withdrawn but the other part relating to r..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......onstitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election tribunal cases of Dhaka C..Category: Election Law | Date: | Hits: 102
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