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S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......College, Borhauddin, Bhola and cancelling the appointment proceedings of the petitioner as Principal of said college (Annexure-‘G’) should not be declared to have been made without any lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......ion and one Judge or a group of Judges can not challenge the judgment passed by another Judge or a bench of Judges since that will amount to challenging their own judgment which is not permissible in law. ...........Moreover if this is permitted the practice will destroy the tradition of high decree..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......erred the same in favour of the plaintiff on 16.04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. The defendant No.1 who is a brother-in-law of aforesaid Monoza Khaton, created a forged deed on 15.03.1998 and forcibly snatched pillars s..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... of the above, we 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: ...... appellate Court, that while disposing the revision the case cannot be sent to trial Court to fill up lacuna of the plaintiff’s case, the observation above are wrong and against provision of law and justice which have occasioned has concerned a failure of justice; that the High Court Divis..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......ct Headquarter of Noakhali but has not been utilized for the purpose for which the acquisition was made but could not be utilized for any other purpose and as such, the petitioners are entitled in law to get the lands released in their favour and pending their prayer for release the issuance of ..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... the same till today but the plaintiffs illegally for getting the suit property filed the instant suit with false allegations and the plaintiffs are not entitled to get any relief according to the law. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitt..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
.... elaborating his submissions however points out that the authority could take care of the present problem and hold trial of the accused BDR personnel and others either by making new legislation or by amending the BDR Order, 1972 for the offences committed by them after thorough and proper investigat......said 3500 accused persons 26 are departmentally promoted BDR officers (Assistant Director & Deputy Assistant Director) and 91 are civilian employees of BDR and 26 civil persons. 7. Ten eminent lawyers including the President of the Bar participated in the proceeding having been asked by this ..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......e leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation depositing the deed value together with the compensation amount as per law and that the pre-emptee contested the case by filing written objection asserting, amongst other..Category: Property Law | Date: | Hits: 38
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ...... Criminal Appeal No.3837 of 2003, Criminal Appeal No.3883 of 2003 and Criminal Appeal No.3810 of 2003 are allowed and Criminal Appeal No. 4255 of 2003 is dismissed and common questions of facts and law being involved in all the petitions, the same are disposed of by this single judgment. 3..Category: Criminal Law | Date: | Hits: 53
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......t that the plaintiffs are fictitious persons. The positive case of the defendant are that Abdul Halim died leaving behind no issue and the suit property vested with the Government as per law. 4. The defendant Nos.1 and 7 submitted written statement denying the plaint's case cont..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......t cannot be sustained. The learned District Judge appears to have failed to understand the provisions of Section 18 of the Rent Control ordinance as well as the meaning of defaulter under the tenancy laws. 6. The S.C.C. Suit No.195 of 1984 has been dismissed by the S.C.C. Court observing, amongst..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......le was discharged for default as no one appeared on 22.05.2006 and the order of stay granted earlier was vacated and the executing court was directed to proceed with execution case in accordance with law and that on the prayer of the petitioner bank the writ petition was restored to its original fil..Category: Banking Law | Date: | Hits: 373
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... 3 having failed to produce the original deed gift, though called for, the defendant No. 4 was required to investigate into matter and the said defendant No.4 illegally and against the provision of law, in the absence of the said deed gift in favour of the defendant No.3 as successor-in-interest,..Category: Property Law | Date: | Hits: 54
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......t Division ought to have consider the matter with wider amplitude, but the revisional Court failed to discuss any of the grounds agitated by the petitioners, which is against the provisions of law. His further submission is that trial Court and the High Court Division failed to apprecia..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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) 661, 63 DLR (AD) (2011) 122.......t Judge), Dhaka for declarations that the order dated 23.10.1976 of the Additional Deputy Commissioner (Rev), the defendant No.2, for forfeiture the suit land is illegal and has no binding force in law and their right title and interest in the suit land have not been affected thereby and that they..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......t Division. In our opinion, the judgment and order passed by the High Court Division convicting the leave-petitioner and Md. Jalal Ahmed for committing offence of content is in accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to app..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......and the C.P. Nos. 73 and 74 of 2002 have been filed against the common judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in t..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima 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)115. ......ompany has failed to annex any written authority from its alleged principal as well as other material documents as prescribed by the Customs Act, Foreign Exchange Regulation Act and other relevant laws to prove the locus standi of the purported agent of the defendant No. 5, company. In the facts..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......ed the condemned prisoner, Abul Kashem and convict petitioner Anowar Hossain Pinto. 7. The learned Additional Attorney-General submitted that the learned Judges of the High Court Division erred in law in omitting to consider that in the instant case the occurrence took place on 10-3-1996 at about..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... absence of production of bill of lading, although to do this, now in practice, the receiver furnishes the carrier with a bond of indemnity, that the High Court Division committed an error of law without applying its judicial mind as to why the plaintiff did not directly hold responsible th..Category: Business or Commercial Law | Date: | Hits: 178
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