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Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......chance of being heard. The further case is that the land of the writ petitioners was allotted to the appellant in C.A.No.62 of 2004 (Wega Fashion Sweater Pvt. Ltd.) by altering Government's earlier decision. The further case is that one Mrs. Madlena D. Rozario purchased the land from the C.S. reco..Category: Property Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......ty faced by the learned Advocate for the petitioner to assail the aforesaid findings in any manner we are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... recognized by law could be attributed for acceptance of the salami to render the tenant non-ejectable in accordance with law". 13. In the background of the law as in section 10 of the Ain and the decision of this Court in the reported case we are of the view the High Court Division was in error ..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......trial court ought to have allowed the petition of the appellant and by rejecting the said application the trial court committed illegality. The High Court Division thus committed error in the decision in affirming the aforesaid order of-the trial court. 18. In view of the discussion ..Category: Procedural Law | Date: | Hits: 105
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... the Rule" but was posted for hearing as "application," the High Court Division committed grave error of law in deciding the writ petition on merit and such error led to error in the decision in discharging the Rule with cost on a date not fixed for hearing of the Rule and the subm..Category: Trust/Waqf Law | Date: | Hits: 190
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ourt Division passed the impugned judgment and order and discharged the rule. In view of the discussion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. ..Category: Criminal Law | Date: | Hits: 29
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......e the Ministry of Finance for reviewing terrier orders dated 23-6-90, 27-9-90 and 23-5-91 passed by various authorities. The National Board of Revenue by letter dated 28-9-91 communicated the decision of the Ministry of Finance refusing to interfere with its last order dated 23-5-91. T..Category: Fiscal/Taxation Law | Date: | Hits: 112
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ...... 263rd meeting dated 22.5.2004 which took place on 14.6.2004 and in the said meeting the Board approved the recommendation of the Padannoti Nitimala committee but no step was taken to implement the decision and that the ministry of Finance and planning in collaboration with other petitioners made..Category: Employment/Service Law | Date: | Hits: 81
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ...... an appeal against the order of dismissal. The filing of an appeal is mandatory as the first proviso to section 4(2) of the said Act provides that "no application in respect of an order, decision or action which can be set aside, varied or modified by a higher Administrative authority ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......Ministry of Land wherein Tea Garden owners and the representative of the Tea Association and the representative of the Ministry of Commerce were present and the Ministry of Land in the light of the decision of the government made proposal to the Tea Garden owners for leasing out the Balumohal and..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......r of Artha Rin Adalat and, as such, the impugned judgment and order is liable to be set aside by this Court. Furthermore, the learned Judges of the High Court Division failed to appreciate the decision in the case of Sultana Jute Mills Ltd. others vs. Agrani Bank reported in 1994 BLD (AD) 1..Category: Banking Law | Date: | Hits: 157
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......without giving them an opportunity of being heard. 5. 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 at any illegality or infirmity in the decision of the..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......payment of 1st installment he did not repay the 2nd monthly installment rather he paid installments after a lapse of 4 months, 8 months and 10 months. 9. The High Court Division referring to the decision in the case of Nur Mohammad Vs. Badruddoza Chowdhury and another reported in 42 DLR (AD) 11..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......ndency of suit is not substantiated but plaintiff never sought for khas possession by amending plaint or for cancellation of her executed deeds in question and, as such, committed illegality in the decision; that after the death of the plaintiff leaving behind one Jamini Bala as his only legal he..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ...... who are in grade IX. The learned Counsel also submits that the principles of determination of inter se Seniority between a Senior Accountant and a Junior Accountant was conclusively settled in the decision reported in 2 BLD (AD) 16 and the decision in the aforesaid case is fully applicable in th..Category: Administrative Law | Date: | Hits: 125
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......acts 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 assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......fe that they will hold a Salish between the parities to settle the matter, hence his wife did not lodge 'ejaher' till then to the police station; that the informant was not agreeable to accept the decision of the salish of the leading people of the locality in the manner they wanted to settle; a..Category: Criminal Law | Date: | Hits: 44
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ...... enforced by or /under section 95 of the Companies Act by resorting to the jurisdiction of by the High Court Division or on the Civil Court, the learned Counsel for the appellants has referred to a decision in the case of British India Corporation Vs. Robert Menzies reported in 1936 Company Cases..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......nment preferred Civil Revision No. 693 of 1991before the High Court Division and the learned Single Judge of the High Court Division, upon hearing the parties, discharged the Rule by affirming the decisions of the lower Courts. Being aggrieved by the judgment of the High Court Division, the resp..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Rule absolute holding that the defendants are bona fide purchasers for value without notice and this aspect of the matter has not been discussed by the courts below properly and in support of its decision the High Court Division referred to the case of Mukhtar Hossain Khan vs Suresh Chandra De..Category: Property Law | Date: | Hits: 41
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