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.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......ings and exchange of different letters. In the month of January, 1992 in a meeting held under the Chairmanship of the then Minister in-Charge of the Ministry of Law, Justice and Parliamentary Affairs decision was taken calling for a detailed report for the purpose of implementation of the formula ev..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... of that quality for totally discarding the statement of fact made sufficiently long back. In such situation the courts have placed reliance on the recital in the document in question in making its decision as to genuineness of the transaction made in the background of the circumstances and the ..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ty. 3. Admittedly the Court of Settlement was not properly constituted while passing the impugned judgment and, as such, under the provision of law and the principle of the decision in the case of Fatema Begum vs. Bangladesh, 42 DLR 342 the judgment suffers from coram no..Category: Property Law | Date: | Hits: 46
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......tions of service may indeed be a violation of law, but if a specific remedy is provided in the Constitution for remedy then that specific remedy shall be availed of by the aggrieved person. The decision of the High Court Division that the respondent’s fundamental right under Articles, ..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......also a valid one. 9. The High Court Division in revision could interfere with the concurrent findings of fact the Courts below only on the ground of error of law resulting in an error in the decision occasioning failure of justice. The findings of the Courts below based on consideration of ..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......ate is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making authority that would ultimately finalise the matter of procurement of the cranes (14..Category: Others | Date: | Hits: 130
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......s necessary. 16. Furthermore, the suit has been remanded setting aside the impugned judgment of the trial Court decreeing the suit and sending the same back on remand to the trial Court for fresh decision after making necessary amendment in the plaint allowing opportunity to the contending parti..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......e prior to the issuance of the order of attachment before judgment vitiating the order attaching the proceeds of the letter of credit. The learned Counsel has further submitted that the consistent decision of this Court is that the has no jurisdiction to pass an order of attachment before judgme..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... May 31, 2001. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 A review is by no means an appeal in disguise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error….(4)&nb..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......ahidullah Bakaul, Subordinate Judge, Tangail, Mr Reza Au, Senior Assistant Judge, Tangail and Mr Md Zakaria, Deputy Secretary, Election Commission to act as member-secretary of the committee. This decision was announced on 17-11-1999. The proposal was sent to the Ministry of Law, Justice and Par..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
..... The High Court Division observed that from the above it seems that in India it was thought necessary to include new or additional purposes to section 20 of the Societies Registration Act 1860 by legislative enactment both Provincial and Union to meet new demands of time. 38......oner. It is submitted that the writ petition is nothing but a gambling in litigation only preferred on behalf of certain vested quarters who used the petitioner in their attempt to get a favorable decision keeping themselves behind the curtain and as such, the writ petitioner cannot file the wri..Category: Constitutional Law | Date: | Hits: 199
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... May 27, 2001. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies only on patent error. Mere wrong application of law is no..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......the land in question which should be left to be decided by the civil Court after consideration of evidence if it is so desired by the writ petitioners, for in the absence of any evidence and lawful decision as to whether Raghuram Moni had been in India from long before 1965 and whether the recor..Category: Property Law | Date: | Hits: 43
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......rder of removal on the ground that the borrowing authority had no jurisdiction to pass order of removal from service of the petitioner but at the same time refused to order his reinstatement and a decision was taken by the Ministry of Agriculture for elimination of the petitioner from service on..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......eeding even for allegation of negligence of duty prayer for reinstatement is not necessarily to be considered. In this connection the learned Advocate appearing for the respondents referred to the decision in the case of Sonali Bank vs. Ruhul Amin Khan in 46 DLR (AD) 85. 21. In the afor..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......e 11 of the Code of Civil Procedure on the observation that in the suit serious question of law is involved and that without hearing the suit finally it would not be possible to arrive at a correct decision as regard the point of law involved in the suit and that as the suit is ready for hearing,..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......he area of the respondent No. 3 resulting in the appointment of the appellant as Nikah Registrar for the curtailed area but in view of the settled position of law in this matter as reported in the decisions in the cases Moulvi Md. Khurshid Alam Vs. Bangladesh 50 DLR (AD) 82, Kazi Md. Amirul Isla..Category: Constitutional Law | Date: | Hits: 178
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......ch allegation in the FIR of the above mentioned case that is Fatuallh Police Station Case No. 10(2)88. 9. Upon consideration of the materials on record and also on consideration of the decisions in the reported cases and particularly the decision in the case of Sk. All Ahmed vs. Secr..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......tement not being made within 3 months as directed in the Tribunal's order, the authority could not be heard to say that it had to pass the order of re-instatement showing respect to the Tribunal's decision. The learned Counsel further submitted that the authority by complying with the direction ..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....s if declared/established under the Ain for the purpose of achieving the object of the Ain and shall be deemed to be the Artha Rin Adalat under the Ain. The aforesaid subsection (3) having the legislative sanction by virtue of deeming clause having been declared/ established under section 4(......e of the President and notwithstanding the provision authorising the Government to make appointment of the learned Judges of the Adalat and constitute the said Court, the Government have taken the decision under order of the President and there is nothing wrong in the impugned legislation and th..Category: Banking Law | Date: | Hits: 121
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