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Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ..Category: Civil Law | Date: | Hits: 104
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......ners have filed this petition for leave to appeal. 13. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 14. It appears that the High Court Division while making the Rule absolute directed ......her writ petitions making the Rule absolute by declaring the order of 'Pay off' as without lawful authority but refusing the salary due to the petitioners for the period when they were kept out of service by the order of "pay off'. 2. The facts, in short, are that the writ petitioner..Category: Employment/Service Law | Date: | Hits: 64
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....rt 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: 14 BLC (AD) (2009) 103. ......ys of the date of decree failing which the decree for partition was to be maintained. 5. On appeal being Title Appeal No.53 of 1994, the appellate Court upon consideration of the evidence on record refused the claim of the benami as raised by the defendant Nos.1 and 2 and held that the aid......rt 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: 14 BLC (AD) (2009) 103. ..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......y;lant-petitioner is that the schedule properties could not be a vested property under any circumstances as she had been enjoying and possessing the same by purchase and had mutated her name in the record of right and had been paying the rents to the Government regularly, that her vendor Probhab......n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ..Category: Property Law | Date: | Hits: 23
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
.... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ......alpur Hospital where she was given necessary treatment. Police went to Jamalpur Hospital. Condition of the victim being precarious police gave petition to the Resident Medical Officer for recording her dying declaration. Accordingly, the doctor on duty recorded the dying declaration of...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..Category: Criminal Law | Date: | Hits: 38
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......t land from the date of execution of the agreement. 3. The defendant No. 27 contested the suit by filing written statement denying all the material allegations stating, inter alia, that the recorded owners of the suit property Guru Doyal and Ram Charan Chakraborty left this country in 196......itle by virtue of a kabala intended to be executed and registered by the real owners, Guru Doyal or his heirs, defendant Nos.1-6; that the cause of action of the suit for the plaintiff arose on the service of notice of surrender upon him as issued by the defendant No.25 while defendant No.27..Category: Property Law | Date: | Hits: 22
Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ..Category: Others | Date: | Hits: 270
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......accused persons. The learned Advocate-on-Record further submits that the finding and observations made in the impugned judgment by the High Court Division are not only contrary to the materials on record but also highly illegal inasmuch as the same has prejud......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......ssion of their saham alleging, inter alia, that their mother Abeda Khatun alias Waleda Khatun purchased the schedule 'Ka' land on 28-4-1952 by registered Deed No. 2981 and during SA Survey it was recorded in her name in SA Plot No. 254 under SA Khatian No. 186 and the same has also been recorde......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ..Category: Property Law | Date: | Hits: 22
Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......used the connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the legal position and materials on record arrived at a correct decision. We therefore find no reason to interfere with same. Th......7 making the Rule absolute. 2. The short fact is that writ petitioner-respondents filed the aforesaid writ petition challenging the order vide Memo dated 9-3-2002 dismissing them from their services in the writ respondent petitioner, Bangladesh Bridge Authority as illegal. The writ petiti..Category: Labour and Industrial Law | Date: | Hits: 90
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......ntence dated 30-6-2002 in Criminal Appeal No. 14 of 2001 and, as such, the judgment and order of the High Court Division is bad in law and liable to be set aside. 8. It appears from the record that out of 4 witnesses, the complainant PW 1 now the Headmaster of Khas Mohal Baluchar High ......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....of the Union a period of at least 5 years from the date of registration shall be allowed for requesting cancellation of such a mark as provided in Article 6(2) thereof and accordingly the appellant's goods having been imported earlier than the registration of the mark of the respondent No. 1 who d......sider the submission of the learned Counsel for the appellant as under: "Mr. Rafique-Ul-Huq, the learned Counsel argue while moving this review that an error of law apparent on the face of the record has been committed in refusing to grant leave to appeal relying on the decision reported in 2...... provisions of the laws of each of the countries of the Union relating to judicial and administrative procedure and to jurisdiction, and to the designation, and to the designation of an address for service or the appointment of an agent, which may be required by the laws on industrial property are..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......the Circle Officer (Revenue) and receiver. 4. The second party contested the proceeding contending, inter alia, that the case land belonged to Rashik Chandra and others and the same was recorded in their name, that the predecessors of the first party as well as two others, namely, Ta......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....a Special Tribunal created by Ordinary law. It was held That extra-constitutional offense tried by extra-constitutional Courts are not contemplated by the ordinary laws of the country and they remain good as long as the extra constitutional dispensation namely, Martial Law period lass; but with its ......verlooking completely that the impugned action was taken against the respondent upon an independent enquiry under the aforesaid Rules of 1976 in which the District Judge who passed the impugned order recorded his own finding as to the guilt of the respondent on the basis of the evidence on record an......d Appeal) Rules, 1976 briefly, the Rules. The District Judge, however did not agree with the opinion of the Enquiry Officer and by an order passed on 8.5.1983 retired the respondent compulsorily form service under rule 4(3) (b) of the said Rules. Respondent took an appeal against the said order t..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....;ly loose his employment under the Corporation, but if, in the opinion of the authority competent to pass order of dismissal, removal or reduction in rank on grounds which led to his convection are good and sufficient for imposing any of these penalties, that authority can pass such an order. If...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......rder dated 28 July 1979. The respondent preferred Criminal Appeal No. 173 of 1974 to the High Court Division. During the pendency of the appeal the respondent was however, dismissed from service under the provisions of the BADC disciplinary Case Procedures, 1977. The said office order ..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....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. ......he was in possession of the land. The defendant also disputed the identity of the suit land. 5. The learned Munsif of Chuadanga tried the suit. On consideration of the evidence on record he held that the suit land was quite identifiable and that the plaintiffs had both title and......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. ......from the Court of Assistant Judge, 2nd the Assistant Judge 2nd Court, Dhaka to the Court of Additional Assistant Judge, 3rd Court, Dhaka. In pursuance thereof the former Court transferred the record to the latter on 9.1.91 which was received by the transferee Court on 24.1.91 and the suit w...... the plaintiff did nit file any hajira, but on the prayer of the defendant 12.2.91 was re-fixed for filing the written statement, which the defendant filed on 12.2.91 and then 20.2.91 was fixed for service of the copy of the written statement upon the plaintiff and then re-fixed 5.3.91 for ..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. ......ance the defence case was that the deeds assailed by the plaintiff were not colourable deeds but genuine deeds. 4. On consideration of the facts and circumstances of the case and the evidence on record the trial court dismissed the suit. The unsuccessful plaintiff then took an appeal there form......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. ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......trict and Secession Judge Mr. Md. Forkan Ullah was appointed as enquiry officer. After enquiry the enquiry officer found the respondent guilty of the charges and the respondent was dismissed from his service. His departmental appeal having been rejected the respondent filed Administrative Tribunal..Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......Court Division under Article 102 of the Constitution. 2. The relevant facts are as follows:- Respondent No.1, Abdul Khaleque, former Secretary of the appellant's Society, was dismissed from service by an Ad hoc Managing Committee of the Society. He challenged the order of dismissal in the..Category: Others | Date: | Hits: 224
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