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Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......inance reads as under: Section 102. Bar to Suits.‑ Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court. 13. As a general rule, the provision of section 102 of the Waqfs Ordin..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ...... of status quo. The appellate Court did not at all consider such vital question of the suit. 33. It is now well settled that if a party, is dispossessed from the suit land during the course of a proceedings the Court is not only entitled but also duty bound to restore such party to possession i..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......gment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the record” and it impl..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ...... decide, it will operate as res judicata in a subsequent regular suit. It is not necessary that the Court deciding the matter formerly be competent to decide the subsequent suit or that the former proceeding and the subsequent suit shall have the same subject-matter. The nature of the former pro..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......Property Act, are to be continued and disposed, of thereunder, as if it has not been repealed but the High Court Division illegally applied the provisions of the said Ordinance in the instant proceeding drawn under the said Act for payment of full compensation money at the present market r..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515....... in Khatian No. 14. It may be mentioned H.E. Precival was the owner of the land of Khatian Nos.14, 18, 20, and 24 plot No.108 originally was listed in Khatian No.14. At one stage of the certificate proceeding the land of the aforesaid 4 Khatians were amalgamated in Khatian No. 18 comprising plot N..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
....ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......4) of the Act barring the Court from granting an order of injunction is limited in application as to the arbitration being held in Bangladesh, but not as to matter restraining a particular party from proceeding with arbitration in foreign country in respect of a contract signed in Bangladesh…….(..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......had not been published in accordance with the provision of section 5(Ka) of the Ain as no summons was published in the English daily newspaper and therefore, the petitioner had no knowledge about the proceeding of the suit and the ex parte decree obtained by the respondent bank and consequently, the..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......brahim Khalil, Assistant Attorney-General- For the State. Abul Bashar State Defence Lawyer- For the Convict. Death Reference No.39 of 2001. Judgment AK Badrul Huq J.-This criminal proceeding by way of Death Reference is another epitome of doing to death of wife by husband where w..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......n of the jama no appeal has been preferred against the order passed by the Revenue Officer indicating also that the separation of the jama has been accepted. The mere fact that notice of the mutation proceeding has not been served on the respondent can not defeat the final order passed by the Revenu..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: .......(7) (ii) It is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final decision of any right in any suit or proceeding pending before any Court or Tribunal. Hence without issuing any rule High Court Division ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......t of the premises in suit. 4. The trial Court dismissed the suit upon observing that there is dispute regarding the ownership of the suit premises between the parties and that in a preemption proceeding plaintiff admitted the title of the defendant and that after filing of the suit the defen..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......l 7, 1994. 5. Thereupon, the respondent filed case before the Administrative Tribunal and the said Tribunal upon holding that there was no procedural defect in holding the departmental proceeding and all the allegations of unauthorised absence were proved during the inquiry and all ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....or factors which are outside the control of the prosecution or the delay that has occurred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant Inspec......004. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Anti‑Corruption Act, 1947 (II of 1947), Section 5(2) The circumstances connected with the delay in terminating the proceeding will have to be examined in each case to determine whether the delay constitutes abuse of..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......er XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 is subject to the law and practice of the Court. The Court may of its own motion or on the application of a party to the proceeding may make review on the grounds of an error apparent on the face of the record. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......on was brought against him to the effect that on 19‑12‑1991 at 7‑45 PM being drunken he entered into the Bus Depot of BRTC and assaulted his colleagues and on the said allegation proceedings were drawn against him and he was asked to show cause as to why punitive action should ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......er that in the special meeting allegedly held on June 8, 2003 no resolution as required under the law was adopted to remove the petitioner and that the so‑called resolution may at best be the proceeding of a meeting but the said proceeding having been taken in violation of section 13(3) of..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......ion. He joined the service of the Corporation on 21-7-1967 as an orderly and over the years, rose to the position of a market inspector. He was placed under suspension on 31-5-1998 and a departmental proceeding was started against him on 2-7-1998. One Bedar Hossain, Deputy Secretary of the petitione..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......would be to send the case back on remand for fresh trial under the general law. In that case this Court remanded the case to the Court of Magistrate having power to take cognizance of the offence for proceeding with the case in accordance with the provisions of Code of Criminal Procedure. From the m..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ....... On the basis of anonymous petition he transferred the respondent to Dhaka GPO from Sadarghat Post Office and a number of inquiries were held to victimise the respondent. Subsequently a departmental proceeding was drawn up against the respondent bringing several charges at the instance of said Arun..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
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