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Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....n had no cogent ground or legal evidence to depart from the findings of the two Courts below. It is well-settled that there is no jurisdiction to entertain a second appeal on the ground of an erroneous finding of fact, however gross or inexcusable the error may seem to be, unless there is a......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......urt's order of transferring the suit from one Court to another was not communicated to the plaintiff, resulting its failure to appear in the transferee Court at the hearing of the suit and in that view of the matter the trial Court, restored the suit to its original file and number, but the High..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......veyance to the vendor, defendant No.2 was sham the suit was to fail, and there was also no scope for passing a part decree. 7. In reply Mr. S.R. Pal, learned Counsel has attempted to argue that in view of section 47 of the Registration Act the agreement for reconveyance was subsequent to the ka..Category: Property Law | Date: | Hits: 66
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....not fall within the definition of "local authority" and that it is not amenable to the writ jurisdiction of the High Court Division. As such the High Court Division has patently taken an erroneous view that when the affairs of a Co-Operative Society are managed by an appointed Ad hoc M...... the final authority in the Government, it was a local authority within the meaning of Section 3(28) of the General Clauses Act, 1897 and as such the impugned action of the said society could be reviewed judicially by the High Court Division under Article 102 of the Constitution. Accordingly upo..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......d similar condition of health of the worker if not actually the same condition as physical or mental incapacity; and (3) that there is no indication or guideline in law for taking a view, which the High Court Division has taken, that "continued ill-health" means such con..Category: Labour and Industrial Law | Date: | Hits: 72
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......e. 6. The learned Single Judge of the High Court Division accepted it to be true that respondent No.1 was debarred from leading any evidence on the deed of reconveyance, but he took the view that it was nothing but a penalty which was confined to leading evidence in support of the dee..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......the respondents for making over the possession of the Cinema Hall to the appellants but the respondents maintained that they were not legally bound to deliver possession of the Cinema Hall in view of Martial Law Regulation No.VII of 1977. Appellant no. 1 filed several petitions for drawing ..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... Judge of that Division discharged the Rules refusing to interfere with the matter. 3. Leave was granted to consider whether the High Court Division misdirected itself in law in taking view that both the Section 5 of the Limitation Act and under Order 41 Rule 19 of the Code of Civil ..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......se made out by the plaintiffs of dispossession within twelve years of the suit filed by them, they would be entitled to get recovery of possession. 9. On the first question the answer is simple in view of the settled principle laid down by the superior courts on the point. In the case of Banga Ch..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....learned Counsel appearing for the appellant, contended that the High Court Division having misconceived the scope and the ambit of provision of Section 7(2) (f) of the Ordinance arrived at an erroneous conclusion by the impugned judgment 6. In elaborating the above contention, he poin......ing for the development of the bazar. Accordingly, the appellant as Chairman of the Project Committee signed a tripartite agreement with the Upazila Nirbahi Oficer and Upazila Engineer and in such view of the matter Khondker Mahbubuddin Ahmed emphatically argued that the High Court Division tota..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ...... reason to disbelieve prosecution witnesses that the accused suffered no prejudice for non-examination of the witnesses and such non-examination warrant no adverse inference to be drawn. In view of the above, the submissions of the learned Advocate for the petitioners deserve no consider..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......t the whereabouts of Md. Hanif were very much known to the Government since liberation till 1981 as during the above period the Government admittedly paid him pension from its exchequer and in that view of the matter the Court of Settlement ought to have found that the above house is not abandon..Category: Property Law | Date: | Hits: 30
Mohammad Mozaffar Ahmed Miah Vs. State and another, 2007, 36 CLC (AD)
.... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ......; Not represented- For Respondent No. 1. Criminal Review Petition No. 6 of 2007. (From judgment and order dated March 20, 2007 passed by the App..Category: Criminal Law | Date: | Hits: 38
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......and on the recommendation made by the said committee, the writ petitioner was placed under suspension, the suspension of the writ petitioner was arbitrary and without lawful authority. 5. In view of the discussion made above, we are of the view that the High Court Division upon correct as..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......d no contradiction could be made out through cross-examination. Their lordships also found the payment of Tk. 16,000/- made through cheques to be proved and believed the execution of bainapatra in view of the production of the original title deed by the plaintiff before the Court, marked Exhibit..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ......tive Tribunal or the Appellate Tribunal to grant any interim relief in respect of a is pending before it for final adjudication. 5. In the facts and circumstances of the case, we are of the view that the Administrative Appellate Tribunal on proper consideration of the materials on record ..Category: Administrative Law | Date: | Hits: 92
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......spital where he was declared dead. The informant thereafter came to know of the occurrence in some detail and lodged the FIR at 10.30 p.m. on the same date. The time consumed in lodging the FIR in view of the development of events can not be construed as an undue delay in lodging the FIR to draw..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......e on the ground that the NBR committed no illegality in refusing to exercise its discretion to waive the requirement of the writ petitioner to deposit any tax under section 158(2) of the Ordinance in view of the amendment brought in this regard by the Finance Act, 2000 since 1.7.2000 and that such a..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......ing the provision of section 7C of the Emergency Requisition of Property Act relying on the submission that such report was not obtained by the Deputy Commissioner and also the submission that in any view of the matter, Gazette Notification having been made on 18.3.1993 under section 5(7) of the Eme..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......7 (Ext. 1) Title Suit No. 160 of 1966 was barred under Section 20(2)(a) (iii) of the State Acquisition and Tenancy Act, 1950 and as such the trial Court had no jurisdiction to try that suit in view of the provision of Section 9 of the Code of Civil Procedure and hence the impugned ex parte d..Category: Property Law | Date: | Hits: 35
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