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Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......h was filed challenging the judgment and order dated 5-7-2004 passed by the High Court Division in Writ Petition No. 4211 of 2003 discharging the Rule on the ground of maintainability following the decision reported in 48 DLR (AD) 121. 2. The petitioner filed the above writ petition chal..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......e and register any kabala in favour of the plaintiff. 6. We are of the view 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: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......cquired land remained unutilised by the requiring body. Since acquisition as it remained unused by the Government, the same should be de-requisitioned and returned to the original owners since policy decision was taken by the Government in 1984 and in the meantime in so many LA cases unused lands ha..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....of Article 38 of the Constitution. 8. The High Court Division, however, upheld the constitutionality of the impugned Act. It was held that the Act was passed by the Parliament in exercise of its legislative power under Article 65(1) of the Constitution and that as the Society was never formed b...... passages from State of Madras Vs. V.G. Row, AIR 1952 (SC) 196, Abul-A'la Maudoodi Vs. Government of West Pakistan, PLD 1964 (SC) 673, Damyanti V. Union of India AIR 1971 (SC) 966 and from some other decisions as well. 27. In Madras Vs. V.G. Row AIR 1952 (SC) 196 the Indian Supreme Court consider..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......at no election shall be called in question except by an election-petition before the Tribunal constituted under the said ordinance. In this connection, the learned counsel has referred to a number of decisions, in particular, the decision of this Court in the cases of A.F.M. Shah Alam and others, re..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......f the testator on the basis of an alleged agreement for sale between herself and the testator. As has been noticed she has already filed a suit for specific performance of a contract. 7. Number of decisions have been cited by the High Court Division in coming to the conclusion— "We are of th..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......igh Court Division however referred to Daryao and others Vs. State of U P and others AIR 1961 (SC) 1457 wherein it was held that if a writ application is decided on merits as a contested matter the decision will operate as a res judicata in a subsequent Writ petition. 9. In Writ Petition No. 68..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......r and as such the learned Joint District Judge is absolutely justified in rejecting the said petition. 27. The learned single Judge of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave pet..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ...... and hence the appeal is liable to be dismissed. He next submits that the provisions of Article 183(3) of the Limitation Act has no manner of the application in this case because there has been no decision in the review case either granted or refused rather the same was dismissed for default and..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......use". So also the same approach has to be evidenced in its application to matters at hand with the end in view to do even-handed justice on merits in preference to the approach which scuttles a decision on merits". 8. In the case of Province of East Pakistan Vs. Meajan Ali Ahmed and 1..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......uit was dismissed and the S.C.C. suits were decreed by the trial Court with costs. 10. It was argued on behalf of the plaintiff- appellants in the High Court Division that the aforesaid decision 38 DLR (AD) 97 has no manner of application in the facts and circumstances of the present..Category: Property Law | Date: | Hits: 106
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......ioner. Hence is the petition. 3. In support of the petition Mr. A.F.M. Mesbahuddin, the learned Senior Advocate, submits inter alia, that the High Court Division Committed error in the decision ignoring the fact that out of 15 witnesses, none, including the informant and the vic..Category: Criminal Law | Date: | Hits: 57
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......r has been given a goodbye by the trial Court as well as by the High Court Division. 9. In support of his submissions, the learned Counsel referred to various decisions including the decision in the case of Siddique Munshi vs. the State reported in 44 DLR (AD) 169 . 10. We..Category: Criminal Law | Date: | Hits: 52
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. 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 cost. Ed. ...... 10. At the time of granting leave it was submitted by the learned Counsel entering caveat for the Respondent No. 1, that although Selection Committee in its meeting held on 25.11.1997 made decision that the case of promotion of Respondent No. 1 would be considered in a subsequent meet&sh..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....er of the Court to make such orders as my be necessary for the ends of justice or to prevent abuse of the process of the Court. 6. It is well-settled this section merely furnishes legislative recognition of an age old and well established principle that every court has inherent ......rt; it does not, however, authorities the High to invest itself with jurisdiction where it is not conferred by law. 12. The view we have taken in this matter finds support from the said decision. And we have, therefore, no hesitation in holding that the High Court Division was not at..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ...... above terms the award was made and the same was submitted in the Court, that since the respondent No.1 failed to pay the petitioner the amount of Tk. 2,00,000/00 (Twenty lacs) by 20-08-2003 as per decision of said "Salishnama' the petitioner on 21-08-2003 revoked the poer of attorney execu..Category: Property Law | Date: | Hits: 31
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ass mastership certificate holder and he was not entitled to get the scale of Tk. 470-1135 and that interpretation given to the office memorandum dated 1-1-1981 was erroneous which to a wrong decision as arrived at by the High Court Division and the same is liable to be set aside. It is fur..Category: Employment/Service Law | Date: | Hits: 55
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ...... ground that their services were no longer required for the organization and that the Government reduced the manpower of TCB from 541 to 235 and thus to release 306 employees and this was a policy decision of the Government taken on the basis of recommendation of a committee headed by an Ad..Category: Labour and Industrial Law | Date: | Hits: 80
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ound the confessional statement to be voluntary and true which was also corroborated by a few prosecution witnesses. Therefore, the High Court Division found nothing to differ from the findings and decisions of the trial Court. The facts and circumstances of the case combined with he evidence of ..Category: Criminal Law | Date: | Hits: 53
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... the Academic Council of BUET on 19.01.1995 declared MURP of Respondent No. 3 as "shomoman” to the Master's degree in Architecture of BUET. The contention of respondent No.1 is that the decision of the Academic Council taken on 19.01.1995 did not make the degree in MURP of respon..Category: Employment/Service Law | Date: | Hits: 87
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