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Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ...... during pendency of the execution case. 9. Considering this aspect of the matter the High Court Division made the Rule absolute. 10. In the facts 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 ass..Category: Property Law | Date: | Hits: 25
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ...... must fail. The learned Courts below rightly allowed the application for D.N.A. Test for finding out the truth and the real status of the plaintiff Nos.1 and 2 and the defendant. 6. In view of the above, we find no substance in the submissions of the learned Advocate for the pe..Category: Family Law | Date: | Hits: 280
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569.......uccessful in making out a case for withdrawal of the suit with permission to suit afresh and accordingly the Rule was made absolute. 12. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a co..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 563. ...... Adalat Ain, 2003. 4. We have heard the learned counsel and perused the impugned judgment and order of the High Court Division and other connected papers. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
....n, is in possession of the suit land from 1943 till date and the findings of the Courts below that the plaintiffs have no title in the suit land as he has no documentary evidence, is ex facie erroneous as absence of any record of right is not the conclusive proof that the plaintiff has no t...... stands in the name of the defendant No.1 and the khatian has also been prepared in his name, in onus was upon the plaintiff to prove his case which he totally failed. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Property Law | Date: | Hits: 22
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......ng title from the said defendants in respect of the self-same land. If the plaintiffs get decree in the suit there would arise various complications and therefore, the High Court Division is of the view that though the applicants are not necessary parties but they are proper parties in the suit ..Category: Property Law | Date: | Hits: 25
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......LR (AD) 120, Shamsul Islam Khan vs. Secretary, Ministry of Communication, Roads and Highways, reported in 8 BLT(AD) 120 holding that the Appellate Division in a series of cases has taken a consistent view that a person in the service of the Republic who intends to challenge the vires of a law on..Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......High Court Division in exercise of its writ jurisdiction can not sit as a Court of Appeal over the judgment of the Court of Settlement for resettling the question of fact. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a c..Category: Property Law | Date: | Hits: 26
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ......he leave petition are that the respondent hereof was appointed as a Probationer Officer of the petitioner-Sonali Bank on 02.02.1986 and his service was confirmed with effect from 18.12.1988 in view of his satisfactory service rendered and he was also awarded monitory benefit while he w..Category: Administrative Law | Date: | Hits: 166
Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)
....erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ......ding brought against him as the provisions of Fundamental Rule 29 which as contemplated by Regulation No.58 of the Janata Dank Employees Service Regulation, 1995 were net followed. 6. In our view the findings of the Administrative Appellate Tribunal, Dhaka are based on proper consideration..Category: Administrative Law | Date: | Hits: 175
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......itioner and against this backdrop, no other hypothesis excepting that of the guilt of the petitioner is possible. 5. Regarding the submission of the learned counsel of the petitioner that in view of the tender age of the petitioner the sentence of death imposed upon him may be commuted to ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....ision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 298. ......ার্যধারা নিষ্পত্তি না হওয়া পর্যন্ত কোন দন্ডারোপ স্থগিত থাকিবে”। 9. We are of the view that the Administrative Appellate Tribunal on proper consideration of the materials on record a..Category: Administrative Law | Date: | Hits: 189
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ...... Result: The petitions are dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Mrs. Khalida Zahan, Advocate-on-Record-For the Respondent. Civil Review Petition for Leave to Appeal Nos. 18-25 of 2005. (From the judgment and order dated the 7th..Category: Fiscal/Taxation Law | Date: | Hits: 72
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ......mber 4, 2008. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. (In all the cases) Not represented- the Respondents. (In all the cases) Civil Review Petition for Leave to Appeal Nos. 124-27 of 2008. Judgment &n..Category: Employment/Service Law | Date: | Hits: 68
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
....and which stands in the name of the Railway Authority. These documentary evidences have been overlooked by the trial Court. The findings of the trial Court that the suit is barred by limitation is erroneous. The trial Court traveled beyond its jurisdiction and the finding that the defendant-resp......le Suit No.139 of 1994 long after 3 (three) years. The High Court Division held that the suit was hopelessly barred by limitation. Therefore, the trial Court rightly dismissed the suit and in that view of the matter, the High Court Division did not go into the merit of the matter. 8. In ..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....nd thereupon set aside the judgment of the learned Arbitrator and remanded the case to the trial Court for assessment of compensation in the light of the provision of law, but the High Court Division erroneously held that the learned Arbitrator did not assess the compensation for constructions and s......ving not consulted the said department in assessment of the cost of construction, the High Court Division committed error of law apparent on the face of the record in making the Rules absolute upon a view that the legal requirement can be supplanted by other evidence and as such the High Court Divis..Category: Alternative Dispute Resolution | Date: | Hits: 249
Chayon Ahmed Chowdhury Vs. Bangladesh Water Development Board, 2007, 36 CLC (AD)
....e discussion made hereinabove we do not find any merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... the goods supplied by him (writ petitioner) were not as per specification as was in the tender notice and also as per contract entered into between the writ petitioner and the respondents. In that view of the matter we are of the view the High Court Division was not in error in discharging the ..Category: Civil Law | Date: | Hits: 106
M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
...., since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ires of the law as he has right of appeal under section 41 of the said Act" 5. We have heard the learned Advocate-on-Record and perused the materials on record. 6. We are of the view that the High Court Division has committed no error in rejecting the writ petition summarily, ..Category: Civil Law | Date: | Hits: 98
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......additional paper book it is seen that the writ petitioner i.e. respondent herein has not received the termination benefits and that he has received the benefit of provident fund. 7. In that view of the matter we are of the view that as the writ petitioner has not received the termination..Category: Employment/Service Law | Date: | Hits: 61
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......contentions and disputed which cannot be decided in a proceeding which is adjudicated upon affidavits and in a summary manner the High Court Division was in error in making the Rule absolute on the view that the mother has the legal right to have the custody of the minors but totally left out of ..Category: Family Law | Date: | Hits: 171