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Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......also of taking exception by the trial Court as to filing of the certified copy (in fact plaintiff filed photo copy of the certified copy) of the deed of gift but ultimately did in fact not make any decision about the acquisition of title by the plaintiff on the basis of the said deed of gift. Th..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......e High court Division committed illegality in making the rules absolute without considering this vital aspect of the case. 10. He further submits that the appellants took the decision of the retirement of the petitioners on the basis of their applications and as such t..Category: Property Law | Date: | Hits: 32
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......d residential quarters of BTTB situated at Motijheel, Maghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication Region took decision for their eviction under the provision of the Government Lands and Buildings (Recovery of ..Category: Others | Date: | Hits: 97
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......r undervalue the goods to be imported to evade the payment of proper customs duty, declined to follow 42 DLR (AD) 167 and 48 DLR (AD) 199 for fixing value of the imported goods as in the aforesaid decisions the provisions of I he section 25 of the Customs Act were not interpreted and the High Co..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ...... trial court considering the evidence of P.Ws and D.Ws came to the finding that the plaintiffs are in possession. The court of appeal below on the other hand held that the trial court while giving decision did not discuss the dakhilas Ext.1 series but discussed about the certified copies of the ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......ound of the facts relating to information given by the respondent in his application for passport as regard his wife and the letter written to the Secretary by Hasna Pervin and Dr. Mainul Haque the decision was taken for cancellation of the appointment of the respondent. 9. The respondent ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......f to hand over possession of the same to the Executive Engineer, City Building Division P.W.D. within 30 days of the receipt of the letter. The plaintiff requested the Government to reconsider its decision which was allowed by the Government by letter dated 9.9.1976 and plaintiff continued his b..Category: Property Law | Date: | Hits: 41
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......iscellaneous case. The present petitioner filed Miscellaneous Appeal No. 208 of 2003 against the aforesaid order of injunction passed by the trial court and the lower appellate court reversing the decision of the trial court directed the parties to maintain status quo in respect of the suit land..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......the proceedings, has no locus standi to invoke writ jurisdiction directly but however had the appellant even appeared as a witness they could be considered to be an aggrieved person in view of any decision or observation in the said judgment and that not being so the appellant is not an aggrieve..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ...... the Government initiated certificate case. The appellant challenged legality of the proceedings of the certificate case but failed at all stages. The Abandoned Property Authority at one time took decision to sell the property of Respondent No.3 which was earlier taken over by the Abandoned Prop..Category: Property Law | Date: | Hits: 38
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......tiff respondents is not maintainable and as such the impugned judgment and order of the High Court division caused serious miscarriage of justice. The learned Deputy Attorney General referring to the decision in the case of Abdul Kader Mondal and others Vs Shamsur Rahman Chowdhury alias Shamsur Rahm..Category: Limitation Law | Date: | Hits: 156
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... judgment and order discharging the Rule 6. We have considered the facts and circumstances disclosed in the case and are of the view that High Court Division did not commit any error in the decision while passing the impugned judgment and order. We do not therefore find any reason to sust..Category: Criminal Law | Date: | Hits: 47
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......ersity has filed the petition for leave to appeal. The learned Counsel for the petitioner has referred us to the case reported in 3 BLC (AD) 45. But the case so referred and observation as well as decision made therein have no relevancy to the facts and circumstances of the instant case. ..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......dquo;Considered as a conclusive proof of the fact they stated and as such they were also not Acceptable as relevant evidence under Section 42 of the Evidence Act" and consequently findings and decisions made by the trial Court as well as by the appellate Court placing reliance of the said ju..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......er an occurrence of the night taking place between Chapa and her Nanad (sister-in-law) over the eating of chalta which, of course, has not been accepted by the trial Court. In this connection, the decision in the case of Lal Khan vs. Muhammad Sadiq and others reported in 20 DLR (SC) 306 may be r..Category: Criminal Law | Date: | Hits: 129
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......against the judgment and order dated 22.6.1999 passed by a Division Bench of the High Court Division in Writ Petition Nos.1370 and 1371 of 1992 discharging the rules refusing to interfere with the decision made by the Labour Court, Chittagong under section 34 of the Industrial Relations Ordinanc..Category: Labour and Industrial Law | Date: | Hits: 95
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......hen the petitioner was placed under suspension. 6. In the circumstances, we are of the view that the High Court Division on correct assessment of the materials on record arrived at a correct decision. Therefore, we do not find any cogent ground to interfere with the judgment of the ..Category: Civil Law | Date: | Hits: 104
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......me sort of vested interest in the debutter property of which they cannot be divested except by some provision of the law of transfer. As is well known and the point is now indisputably settled by the decision of their Lordships of the Judicial Committee in Vidya Varvthi Thirtha v. Balusami Ayyar..
Category: Civil Law | Date: | Hits: 111
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......An analysis of the different laws regarding the meaning of the term "Court" and the opinion of authors on the subject makes it clear that a Court must be entrusted with judicial functions. A judicial decision presupposes an existing dispute between the parties and if the dispute is a question of f..Category: Criminal Law | Date: | Hits: 48
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... accrues on not the date of execution or presentation of the deed for registration, but on the date of its registration under section 60 of the Registration Act. 9. We find that a long line of decisions of the erstwhile Dhaka High Court has followed the principle that when registration is c..Category: Procedural Law | Date: | Hits: 119
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