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Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......of the Administrative Appellate Tribunal by two members only was a nullity because the Tribunal was coram non judice and as such the writ petition was maintainable. Then the Tribunal expressed the view that in its opinion the Appellate Tribunal consisting of two members was not coram non ju..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......aving purchased the case land on 19.10.91 the deed of ewaz was created for the purpose of defeating the right of preemption of the appellant. 8. On the other hand, Mr. S.R. Karmaker in view of the legal position felt difficulty in supporting the judgment of the learned Single Judge o..Category: Property Law | Date: | Hits: 66
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......required to be complied with because the order of dismissal is not on ground of misconduct rather it is on ground of conviction and sentence passed by a Competent Court of Criminal jurisdiction. In view of the discussion above the appeal is allowed without any order as to costs and the judgm..Category: Labour and Industrial Law | Date: | Hits: 251
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......from issuing notice to the drawer of the cheque on receipt of information of dishonour of the cheque on the second or last occasion as the case may be. 11. It may be mentioned that the above view has been iterated in the decision cited by Mr. M. Shamsul Alam in IX MLR (AD) 299. 12. ..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......the observation, "We do not normally interfere with the discretionary exercise of jurisdiction by the High Court Division but this is one case where our interference is called for, but in view of the fact that the trial is on we think that the interest of justice will be served if the ..Category: Criminal Law | Date: | Hits: 44
State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)
.... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ......d against the respondent to warrant charge sheet against him. 10. On perusal of the First Information Report and the Police reports and in consideration of submissions of the parties we are of the view that the submissions of Mr. Mahmood cannot be brushed aside and, therefore, this is not a fit c..Category: Criminal Law | Date: | Hits: 47
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......d that appellant has given in evidence such document being a forged one and if it is in the affirmative then whether the instant criminal proceeding is barred at the instance of Respondent No.2 in view of Provision of Section 195(1)(c) Cr.P.C. As seen from the materials on record the questioned ..Category: Criminal Law | Date: | Hits: 50
MD, Foundation Engineer Shatu Ltd. Vs. Civil Engineer (RHD) Sarak Bahban, 2001, 30 CLC (AD)
....ich the High Court Division could have found that the Arbitrator misconducted himself for not visiting the site. We therefore, conclude that the finding of the High Court Division in this regard is erroneous and as such its judgment and order cannot be maintained. 7. In the result, the ap...... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ..Category: Civil Law | Date: | Hits: 98
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......iority and for calculation of leave, increment, pension and gratuity etc. and for treating the period of absence before their absorption as leave without pay. They also took the ground that in view of Article 117 of the Constitution read with the Administrative Tribunal Act 1980 the writ pet..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......the Biman by law is not required to consider the subsequent letter seeking permission for withdrawal of the letter of resignation. 4. The High Court Division made the Rule absolute upon the view that as prior to the communication of acceptance of resignation the respondent addressed ..Category: Employment/Service Law | Date: | Hits: 95
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....ted to consider the submission that the High Court Division interfered with the findings of fact of the Court of appeal below, the last Court of fact, without considering the evidence on record and erroneously held that the Court of appeal below abruptly came to the conclusion that the plain......earlier considered by the trial Court and found that by Ext. 5 series the sons of Azhar Ali sold the land of plot No.197, khatian No. 3 and also other lands of khatian No. 46 to various persons. In view of the fact that the defendants admit Azhar Ali's share in plot No.197, khatian No. 3 and in v..Category: Property Law | Date: | Hits: 33
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 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) 448. ......nting to murder and as the act, by which the death was caused, was not done with the intention of causing death or of causing such bodily injury as is likely to cause death. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a c..Category: Criminal Law | Date: | Hits: 97
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 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) 449. ......y issuing a search warrant and the entire endeavor of the complainant petitioner was to victimize or to harass or to insult the respondent No.1 before the public in general. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a c..Category: Criminal Law | Date: | Hits: 47
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....drafts to the complainant and so there were transaction between the parties, but the learned judges of the High Court Division without considering these facts and materials arrived at an erroneous decision. The learned Advocate further submitted that the petition of complaint is not th......intention to deceive the complainant by issuing a cheque for the amount since dishonored and allegedly committed the offences for which the charges were framed against the petitioners. 7. In view of the above, we find no reason to differ with the High Court Division. Accordingly, th..Category: Criminal Law | Date: | Hits: 41
Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 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) 427. ......gs of fact arrived at by the courts below are based on the appreciation of the evidence on record and accordingly declined to interfere with the concurrent finding of the Courts below. 7. In view of the discussion made above, we are of the view that the High Court Division upon correct ass..Category: Family Law | Date: | Hits: 169
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ality or infirmity 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: VI ADC (2009) 424. ......bsp; 5. As it appears the High Court Division took the view that, in view of the principles laid down in the case of Md. Nurullah Chowdhury vs. Golam Sol..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ......said defendant No.1, rather the P.W.1 in his cross examination admitted that neither his parents nor his relations were buried in the suit graveyard; that the defendant No.1 on mutating his name in view of judgment and decree as passed in Miscellaneous Case No.132 of 1969 of the First Court of S..Category: Property Law | Date: | Hits: 31
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....vision 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) 414, 19 BLT (AD) (2011)137....... shad by way of gift was thus illegal and void. Thus it appears the High Court Division enunciated the correct position of law. Accordingly High Court Division did not commit any illegality. 7. In view of the discussion made above, we are of the view that the High Court Division upon correct asse..Category: Property Law | Date: | Hits: 29
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......after 3 years of his attaining majority or beyond the period of 12 years of the execution or registration of the deed. As per his admission he was aged about 28 years on 09.05.1995. So, in any view of the matter the suit is barred by limitation. But the appellate Court failed to consider th..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 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) 406. ......nder the (Emergency) Requisition of Property Act, 1948 and moreover the respondents also did neither explain nor controvert the factual aspect of the matters as raised. 5. 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: 50
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