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Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd 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) 297. ......w lying land and not at all eligible for selection in any way under the instruction of the circular and eluded itself in approving the order which is unlawful from the administrative point of view that the respondent No.1 arbitrarily, irrationally and unfairly eluded itself the frame work o..Category: Others | Date: | Hits: 87
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......ly Other Suit Nos. 81 of 1992, 82 of 1992 and 83 of 1992 over some properties of schedule "Ka" were pending before the Court of Subordinate Judge, 2nd Court, Chittagong and also stated in view of the pendency of the three other suits, the properties in respect of schedule "Ka"..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......ecord. 8. The petition for leave to appeal was barred by 437 days. It was accordingly dismissed as being time barred as the reasons explained delay was not found satisfactory. Thereafter, the review application was filed and leave was granted to consider the submission that the delay of 437 da..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......donation of delay, it is seen that the period of delay in filing the Criminal Petition for Leave to Appeal has sufficiently been explained and the explanation so offered merits consideration. In that view of the matter delay in filing the Criminal Petition for Leave to Appeal is condoned. 22. We..Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......on to have the said order declared to have been made without lawful authority. 5. Leave was granted to consider the submission that the High Court Division misdirected itself in law in taking the view that the Executing Court could suo motu exercise its power under Order XXI Rule 90 of the Code ..Category: Civil Law | Date: | Hits: 92
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......lace of occurrence including the person who sustained 'chura' blow at the hand of the petitioner during the occurrence. 13. Considering all these facts and circumstances of the case, we are of the view that the High Court Division correctly arrived at the decision after considering all the materi..Category: Criminal Law | Date: | Hits: 47
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......nted afresh as a retrenched officer. The respondent is entitled to equal protection of law and should be treated in the same manner as in the case of Shahadat Hossain. The respondent preferred a review petition against the impugned order but without any result. Hence, the application. 3. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ...... 4 and her two brothers for declaration of title, recovery of khas possession, cancellation of power of attorney and for cancellation of sale deeds the RAJUK has taken a reasonable and lenient view by merely passing the order of suspension of the construction work without cancelling th..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....arties to adjudicate all the issue effectively and completely and the matter in controversy between the parties. And as such, the findings and decisions as arrived at by the High Court Division are erroneous and so cannot be sustained in law. 8. Mr. Mahmud next contended that under t......erson on an alleged ground that the subject matter of the suit cannot be adjudicated in their absence. Eastern Bank Ltd. purposefully filed the aforesaid application for addition of parties with a view to delaying the disposal of the suit. The aforesaid action and conduct of the Eastern Bank Ltd..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......sserting otherwise. The prosecution clearly failed to adduce evidence to show that the petitioner secretly misappropriated the three cases records and that the judgment was otherwise. In our view the simple allegations made in he charge if correctly construed may if at all constitute in..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......ted two years ante-dated seniority in recognition of his participation in the liberation war but for some unknown reason by order dated 19.3.86 his ante-dated seniority was cancelled and the review petition filed by him in respect of the above order dated 19.3.86 was also rejected. 3...Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... being no prohibition against retention of salt of 600 K.gs, the conviction and sentence dated 16.2.2000 passed by the Special Tribunal Judge No. 3, Tangail can not be sustained. 17. In view of above the appeal is allowed and the judgment and order dated 16.2.2000 passed by the learne..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......J Amirul Kabir Chowdhury J Nizam Hazari..............................Petitioner Vs. The State...............................Respondent Judgment June 26, 2004. Result: The review petition is dismissed. A review is never meant nor can be allowed to be utilized as another ..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ...... Lawyers Involved: S. M. Zillul Haque, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Review Petition No. 10 of 2003. (From the Judgment and order dated 19.07.2003 passed by the Ap..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......mitted outside the court and did not affect any proceeding of the court and the offence if at all committed was committed against the respondents personally. 9. In the circumstances, in our view the application under Section 476 Cr. P.C. was not maintainable before the High Court Division..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....he petitioner was entitled to a 'succession certificate' as of right under Section 372 of the Succession Act, 1925, and the interpretation of the term 'debt' as given by the High Court Division is erroneous...". That the High Court Division failed to consider that the word 'debt' has not be......could come within the definition of debt if when the claimed by its lawful owner. If Aloke Nath Dey was but only heir of Haladhar Chandra Dey could he claim the ornaments as the owner. In view of the admitted fact that some of the ornaments were mortgaged to the deceased father as secu..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......n the sneakiness of the defendant's case if there be any and in the instant case but the plaintiffs to prove their case, the defendants cannot be harassed and put to suffering and in that view of the matter the learned Single Judge of the High Court Division committed error of law ..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......J Md. Taffzzal Islam J Begum Lutfunnessa......................... Petitioner Vs. Md. Shafiullah and others................. Respondents Judgment July 31, 2004. Result: The review petition is dismissed. Lawyers Involved: H.R. Sharif, Advocate, instructed by Md. Aftab..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... predecessor in Mutation Case No. 83 of 1957-58 was rejected by the Revenue Officer but subsequently the same Revenue Officer without any new ground and without assigning any cogent reason reviewed his earlier order and allowed Mutation Case No.52 of 1986-87 of the defendants and cancelled..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ...... 6. We have heard the learned Counsels of both parties and upon considering the facts and circumstances of the case and the impugned judgment and order of the High Court Division, we are of the view is that although there is a will but unless and until it is proved in accordance with law, on ..Category: Property Law | Date: | Hits: 74
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