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Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......d Advocate (appeared with the leave of the Court) for the petitioner assailed the impugned judgment and order on the ground that the High Court Division misread. Misconceived and misinterpreted the facts and circumstances of the case and evidence on record and has committed an error of law result..Category: Procedural Law | Date: | Hits: 143
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......sity, Gazipur to be illegal and of no legal authority and further directing the National University to reinstate the respondent in her service will all attending benefits admissible to her. 2. The facts involved in the case, in short, are that the respondent had served for nearly 13 years as a te..Category: Employment/Service Law | Date: | Hits: 118
G M M Rahman Vs. State, 2009, 38 CLC (AD)
....tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ...... appeal by enhancing the sentence to suffer simple imprisonment for 6 (six) months while discharging the connected Rule being Criminal Revision No.381 of 2001 filed by the appellant. 2. The facts, in short, are that the respondent No. 2 as complainant filed C.R. Case No.2166 of 1996 again..Category: Criminal Law | Date: | Hits: 106
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......ed Deputy Attorney General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......and her husband caught the sarki. The said Zakir Hossain and Chand Ali were pulling the bamboo part of the sarki from out side. 3. On their hue and cry, the witnesses came there and saw the facts, the accused left the place of occurrence leaving the sarki there. The informant could identi..Category: Criminal Law | Date: | Hits: 68
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ls on record arrived 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) 981.......la dated 27.1.1973 corresponding to 13th Magh, 1379 B.S. at a consideration of Tk. 3000/- without serving any notice of transfer. The pre-emptor respondent No. 1 only came to know about the kabala in question for the first time on the 6th Ashar, 1388, Banglashal from Rustum Ali Munsi in presence of ......r than the alleged date of knowledge of the impugned sale and thus the case ought to have been held to be barred by law of limitation. He lastly submits that in any view of the matter considering the facts, attending circumstances, materials on record and the provisions of law the preemption case ..Category: Property Law | Date: | Hits: 61
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......in part. From the impugned order it appears that the learned Judge of the Artha Rin Adalat has rejected the prayer of the defendant for selling out the alleged pledged goods considering the facts and the provisions of law as discussed above and thus it acted within the bounds of law an..Category: Civil Law | Date: | Hits: 152
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......nst the judgment and order dated 2nd January, 2008 passed by the High Court Division in Writ Petition No. 8761 of 2007 summarily disposing of the Writ Petition with some observations. 2. The facts, in short, are that the Writ Petition was filed challenging the order dated 24.9.2007 (Annexu..Category: Property Law | Date: | Hits: 106
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......y limitation as the pre-emptor filed the case within time from the date of his knowledge. The High Court Division further held that the document Ext. 4 is a deed of sale and not a heba deed and the question whether the deed in question is a colourable transaction or not can not be gone into ...... leave to appeal is directed against the judgment and order dated 30th April, 2007 passed by the High Court Division in civil Revision No. 3266 of 2002 discharging the Rule. 2. Short facts as placed before the High Court Division are that the pre-emptors filed Miscellaneous case No..Category: Property Law | Date: | Hits: 44
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......rt Division and other papers on record. 12. It appears that the High Court Division has rightly found that the petitioner could not prove any encroachment on land and any decision on such a question needs evidence so far Annexure-J is concerned the High Court Division rightly found t......r leave to appeal are directed against the judgment and order dated 08.01.2002 passed by the High Court Division in Civil Revision Nos. 1214 and 1213 of 1994 making the Rule absolute. 2. The facts, in short, are that the present petitioner as plaintiff filed other Class Suit No.118 of 1989..Category: Property Law | Date: | Hits: 87
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......breach of contract on his part. A breach occurs where a party repudiates or fails to perform one or more obligations imposed upon him by the contract. Once liability arises, then comes the question of measure of damages as contemplated in the section. In estimating the measure or d......trict Judge, Dhaka in Arbitration Miscellaneous Case Nos. 791, 792 and 790 of 2006 rejecting the application filed by the petitioners under section 42(1) of the Arbitration Act, 2001. 2. The facts, in short, are that the petitioner No.1 entered into an Agreement being No.3.17/Lot-1/20..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... suit and that because of the P.S. khatian defendants have title in the land in suit, that as the plaintiffs suit is barred by limitation and that plaintiff failed to prove its case and as such the question of defendants' stay on the land in suit as permissive possessor is redundant, that th......sion fallen into an error of law in holding that the defendants are licensees under the plaintiff, that it was inappropriate for the High Court Division to give an independent decision on the facts over which both the Courts were silent and in that state of the matter the High Court Divisio..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....ere 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) 942. ......eal is directed against the judgment and order dated 15.04.2007 of the High Court Division passed in Civil Order No.2382 of 2007 summarily rejecting the revisional application filed calling in question the judgment and decree dated 16.10.2006 of the learned Additional District Judge, Court N......ed in Other Class Appeal No.185 of 1991 affirming those of dated 21.07.1991 of the learned Assistant Judge, Court No.2, Bogra in Other Class Suit No. 44 of 1986 decreeing the suit. 2. Brief facts are that Mrs. Jabeda Khatun, as plaintiff, instituted the above suit seeking declaration that..Category: Property Law | Date: | Hits: 87
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
....made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......charging the Rule affirming the judgment and decree dated 31.08.2000 passed by the learned Subordinate Judge, Additional Artha Rin Adalat No.2, Dhaka in Title Appeal No. 221 of 1995. 2. The facts, in short, are that the respondents as plaintiffs as next friend of shebait committee in..Category: Civil Law | Date: | Hits: 110
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......rd analogously with Writ Petition Nos. 5198 of 2003, Writ Petition No. 11818 of 2006, Writ Petition No. 11819 of 2006 and Writ Petition No. 3466 of 2004 making the Rule absolute. 2. Since common question of law and facts are involved in all the petitions these are being disposed of under this j......h Writ Petition Nos. 5198 of 2003, Writ Petition No. 11818 of 2006, Writ Petition No. 11819 of 2006 and Writ Petition No. 3466 of 2004 making the Rule absolute. 2. Since common question of law and facts are involved in all the petitions these are being disposed of under this judgment. 3. In Wr..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......ant as Ext.2, the High Court Division erred in basing its finding on the failure of the plaintiff to challenge Ext. A (agreement dated January 5, 1977 filed by the defendant No.1) by way of putting question to D.W.1 in her cross-examination, that plaintiff proved the case pleaded by him exam......ted 5.1.1977 and that thereafter plaintiff created the second agreement dated January 23, 1978 and took signature of the defendant by force. It was also the contention of the appellant that in the facts and circumstances of the case prayer for specific performance of contract for sale in the lig..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......h the reasonings as well as the conclusion reached by Badrul Haider Chowdhury J. Without duplicating the lines of arguments in his judgment adopted by him, I would like only to add a few words on the question of conflicting claims as to jurisdiction of the two important departments of the Government......f injuring the customs revenue or abet or connive at any such fraud or any attempt for practicing any such fraud. The learned Judges of the High Court Division clearly came to the conclusion that the facts do not disclose that any pecuniary advantage was actually obtained-either by the customs offic..Category: Fiscal/Taxation Law | Date: | Hits: 129
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......lication dated 17.08.1996 along with L/C and other papers for release of 3200 Master Cartoons of shrimps was duly recommended for shipment. The documents against the bill in question were submitted to the desk of the petitioner by M/S Lokpur Fish Processing Company Limited......he appeal and reversing the judgment and order dated 29.07.2004 passed by the learned Member of the Administrative Tribunal No.2, Dhaka in Administrative Tribunal Case No.212 of 2003. 2. The facts, in short, are that the petitioner as applicant filed Administrative Tribunal Case No.19..Category: Administrative Law | Date: | Hits: 423
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ...... Court Division and that the Rule issued therein was heard and disposed of by the impugned judgment and order dated 21.08.2007. On behalf of the writ petitioner it was submitted that the decree in question was passed on 26.07.2005 ordering payment of the decreetal amount in four equal installmen......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......accept the contention of the learned Advocate for the writ petitioner that the impugned decree require to be made final before stating of the execution case and as such the execution case in question started on the basis of preliminary decree cannot continue further. In the writ petition ......দায়ীকের থাকিবেনা । 9. Further to appreciate aforesaid provisions having regard to the facts and circumstances of the instant case we need to look into the prayer portion of the pla..Category: Civil Law | Date: | Hits: 140
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