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Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... view that the High Court Division on proper consideration of the materials on record and considering the provision of section 195(1)(c) of the Code of Criminal Procedure arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision o..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......cuted several documents and the defendants having failed to repay the loan notices were issued to the defendants on 1.3.1992 claiming payment of Tk. 21,39,049.00 which was then overdue; as per decision of Bangladesh Bank, by Public Notice dated 28.4.1992 the activities of Bangladesh Commerce..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. 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. ......hy;bargo having had withdrawn the plaintiff on April 17, 1970 filed the exchange deed before the Deputy Commissioner, Rajshahi and. thereupon Miscellaneous Case No. 37 of 1970 was registered, that decision having not been made by the authority the plaintiff again on February 11, 1994 filed an ap..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......estigating officer was collecting materials, the High Court Division was not justified in quashing the entire proceeding and as such the same is illegal and the submission that the consistent decisions of the Appellate Division of the Supreme Court is against the quashment of any proce..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......in the eye of law and referred to the case of Md. Ismail Vs. Munshi Ali Hossain reported in 60 DLR 641 in support of the proposition. 6. The High Court Division, However, has relied upon a decision in the case of Govt. of Bangladesh represented by Director of Movement and Storage Departm..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......scretion of the employer and the discretion was not properly applied in withholding the time scale benefit in the case of the plaintiff-appellant opposite party and thereby arrived at a wrong decision to allow time scale benefit by the impugned judgment and decree, which is liable to be set..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......nment of ownership of the aforesaid 12,000 shares now standing in the name of the petitioner(Respondent herein), the parties may take recourse to the Civil Court if so advised and on the basis of decision of ownership of the said 12,000 shares the prayer for allotment of shares in favour of th..Category: Business or Commercial Law | Date: | Hits: 109
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......uired to dismiss the suit, that appellate Court while setting aside the judgment and decree of the trial Court did not advert itself to the evidence on record and that did not reverse the finding and decision of the trial Court. It has also been held by the High Court Division that the appellate Cou..Category: Property Law | Date: | Hits: 53
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......der Section 420 of the Penal Code and as such the order of framing charge against the accused petitioner under section 420 of the Penal Code suffers from serious illegality. In this connection the decision in the case of P. Eswara Reddy vs. State of Andhra Pradesh reported in 1986 CRI. L. J. 207..Category: Criminal Law | Date: | Hits: 44
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......the file a writ petition challenging the order dated 22.04.2004 annexure-J to the writ petition. 11. Lastly he submits that the impugned letter of approval dated 22.04.2004 is an abrupt decision of the Madrasha Education Board after a long gap of two years without any reference to the..Category: Constitutional Law | Date: | Hits: 139
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ...... writ petitioner to market its beverages using the cans bearing trade mark of "Crown" and "Hunter" containing beverage within permissible limit in accordance with law and the light of the aforesaid decision of the Appellate Division the company can lawfully continue manufacturing and marketing o..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......er of a project are transferred to revenue budget after completion of the project. But this is done purely considering potentiality and fund availability of the Government and that as per decision of the ECNEC meeting applications for appointment have been invited for the project p..Category: Others | Date: | Hits: 87
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......n not change the nature and character of the suit. 6. In the circumstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......of 4.54 acres of land of the original deed of the defendants by the plaintiff and the original deed of the plaintiff, committed error of law in making the Rule absolute resulting in a error in the decision causing failure of justice. He thereafter argued that the lower appellate Court rightly se..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......ules in A, B, and C etc. and in the instant case B has been followed and so there is no illegality. 13. In support of the submissions the learned Additional Attorney General referred to the decision in the case of Secretary, (Health) Department of Health & F. W and Another Vs. DR. Ani..Category: Employment/Service Law | Date: | Hits: 86
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......n the basis of legal document executed by the Dhaka City Corporation. 11. He submits that the High Court Division did not consider this vital aspect of the case and thus came to an erroneous decision discharging the rule. 12. The submissions made on behalf of the petitioners i..Category: Civil Law | Date: | Hits: 120
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ...... by the Secretary, RAJUK to the appellants that .25 acre out of .85 acre has been retained by the RAJUK for construction of the road and the rest of the acquired land has been released as per decision of the Council of the Ministers in 1991 and thereupon this Division asked the learne..Category: Property Law | Date: | Hits: 40
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......are these petitions. 6. In support of Civil petition No. 223 of 2005, Mr. T. H. Khan, learned Counsel submits, inter alia, that the writ petitioner respondent being satisfied with the decision of the respondents in their action to hold 6th call, paid bid money for 7 items only out o..Category: Civil Law | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....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: V ADC (2008) 600, 12 BLC (AD) 7. ......Assistant Judge, Mithapukur, Rangpur for declaration that the memo dated 10-2-1998 dismissing the plaintiff from the post of Line Technician, Rangpur Pally Bidyut Samity-1, Sathibari, Rangpur and the decision taken in 197th Board meeting of the said Samity on 29-3-1998 disallowing the appeal of the ..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ial Court while setting aside or reversing the judgment of the said Court. The appellate Court is also required to arrive at independent finding in support of its disagreement with the finding and decision of the trial Court or, in other words, while considering the finding and decision of the t..Category: Civil Law | Date: | Hits: 112
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