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Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......ade in the writ petitions. However, the case of the respondent Nos. 7, 8 and 9, in short, is that the appointment, posting, promotion and granting of M.P.O to the teachers and staffs are guided by law, rules a guidelines issued by the Ministry of Education from time to time. On 26.11.2005, ..Category: Employment/Service Law | Date: | Hits: 57
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision 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: VI ADC (2009) 469.......ct decision 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: VI ADC (2009) 469...Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ......d the provisions framed by the Revenue Authority and the writ petition is in contravention of sections 217 and 218 of the Customs Act. The High Court Division overlooked the provision of law and Import policy order 1995-1997 and committed error of law in making the rule absolute. He fu..Category: Business or Commercial Law | Date: | Hits: 163
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......las. These defendants got their names mutated. The plaintiff unsuccessfully moved up land appeal board for getting the auction sale set aside. The suit is bad for defects of parties and hit by law of limitation and also hit by section 42 of the Specific Relief Act. 4. The Assistant J..Category: Property Law | Date: | Hits: 22
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888....... order under appeal is the High Court Division granted full relief sought hi the revisional application in summary manner without hearing the respondent Nos. 3-9 and the State. The age old concept of law is that in a proceeding by an order of the Court, if the respondent is going to be affected then..Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......on presumable due to oversight placed only the jail petitions for hearing in chamber and as a result they were seriously prejudiced as the open court had no opportunity of hearing the lawyer's of the petitioners. II. Because initial judgment by the trial Court in Sessions..Category: Criminal Law | Date: | Hits: 35
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. ......ve Appellate Tribunal in Appeal No. 43 of 1989). Judgment ATM Afzal CJ.- This appeal, among other, raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the High Court Division given in the writ jurisdiction i..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. ......ing the final court of fact arrived at the findings that the transfer in question is a sale and not an exchange on consideration of oral evidence on record the learned Single Judge fell in error of law in setting aside the Judgment of the lower appellate court without adverting to the reasoning ..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ...... pending, as that will be putting the cart before the horse. The permission granted to the plaintiff-respondents was therefore misconceived and cannot be sustained. The High Court Division erred in law in not comprehending the nature and scope of the suit itself. The appeal is allowed but..Category: Procedural Law | Date: | Hits: 64
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. ......d Act which is misconduct. 8. Having gone through the judgment and order of the Labour Court as well as the High Court Division we find that both the courts below committed an error of law in construing section 17(1)(a) where the provision of section 18 of the Act is not requir..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... the plaintiff in favour of the defendants are null and void and are not binding on him. 3. Defendant Nos. 1 and 2 contended in their written statement that the suit is not maintainable in law and that the suit was false and concocted. Defendant No. 1 resided in the house of the plaintif..Category: Property Law | Date: | Hits: 34
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
.... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ......red from the possession of respondent No. 1 and as such the High Court Division misread the charge-sheet and the quashing of the proceeding has been done in violation of settled principles of law in this regard. 2. It appears that the High Court Division found that the instant case w..Category: Criminal Law | Date: | Hits: 38
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. ......ashing the proceeding and hence is this appeal. 4. In support of the appeal, Mr. M. Shamsul Alam learned Senior Advocate submits, inter alia, that the High Court Division committed error of law in not observing that the petition of complaint disclosed the alleged offence and that the..Category: Criminal Law | Date: | Hits: 42
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. ......ptember 20, 1993 and that complainant was examined on September, 21, 1993 and cognizance was taken on December, 11, 1993. 11. It is the contention of the appellant that as per requirement of law, he has filed the deed No. 86 dated 8-1-1996 along with the plaint before the court of Assista..Category: Criminal Law | Date: | Hits: 50
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. ......g them benefit of the aforesaid Rules. 5. The Rules was challenged on the ground of discrimination being violative of Article 27 of the Constitution, which provides for equality before law. It was also challenged as being in excess of the authority of the President to make such ..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. ......dated 10th November, 1999 of a Division Bench of the High Court Division in Writ Petition No. 3855 of 1998 declaring acceptance of resignation of the writ petitioner to have been made without lawful authority and is of no legal effect. 2. Short facts are that respondent joined in the..Category: Employment/Service Law | Date: | Hits: 95
Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
....ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ......titions on the assertion that the writ petitioner’s goods were never assessed on the basis of indicative value but on the basis of normal value and such assessment was made in accordance with law. 4. On consideration of the assertions of both the sides the High Court Division b..Category: Fiscal/Taxation Law | Date: | Hits: 66
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. ......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. ..Category: Criminal Law | Date: | Hits: 47
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......vision under Section 561A of the Code of Criminal Procedure. 4. Syed Mahbubur Rahman, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to consider that there is nothing to show from the petition of complaint that t..Category: Criminal Law | Date: | Hits: 41
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. ......the plaintiffs suit as framed is not maintainable inasmuch as the plaintiff claimed declaration of title for themselves along with pro-forma defendant Nos.2-9 which is not permissible in law; that there was a suit being Title Suit No.293 of 1965 in which there was local investigation c..Category: Property Law | Date: | Hits: 31
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