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Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......der allowed the appeal as already mentioned above. 7. Hence, is this appeal. 8. Leave was granted to consider the submission of the learned Counsel for the appellant that "In view of the Sections 15, 17 of the Building Construction Act, 1952 and Section 169 of the Town Imp..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ...... Negotiable Instrument Act. In this case there is initial intention to deceive. The informant as it appears from the FIR and the charge sheet was induced to part with Tk. 6,65,000/- and in such view of the fact it can not be said that no offence is disclosed against the accused petitioner un..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ...... Since the facts disclosed in the FIR and the charge sheet do not disclose any offence under 25B (1) (a) and (b) of the Special Powers Act, 1974 the continuation of the proceeding would be, in our view, an abuse of the process of the court and, therefore, the proceeding has been rightly quashed ..Category: Criminal Law | Date: | Hits: 37
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......'Falsus in uno, Falsus in omnibus' is not a rule of evidence in criminal trial and it is the duty of the court to disengage the truth from falsehood, to sift the grain from the chaff. 17. In view of our discussion above we find substance in this appeal which is allowed. The judgment of the..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......arding variation of population cannot be resolved in a writ petition under Article 102 of the Constitution as it requires adjudication on facts on evidence. 5. Accordingly we are of the view that the High Court Division on proper consideration of materials on record and the law ..Category: Property Law | Date: | Hits: 21
M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)
....ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ......ision observed that the Court of appeal below committed serious error of law in rejecting the memo of appeal under the provision of Order VII Rule 11 of the Code of Civil Procedure. In view of the above, the submissions of the learned Advocate for the petitioner deserve no considera..Category: Trust/Waqf Law | Date: | Hits: 210
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 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: VI ADC (2009) 246. ......AD) 150 that the requirement of population is also a question of fact which could not be disturbed by the High Court Division and accordingly discharged the Rules as not maintainable. 6. In view of the above, we find no substance in the submissions of the learned Advocate for the pet..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......ther prayed for inclusion in the plaint nor it was the case of the either party. 8. Considering the facts and circumstances of the matter and the materials on record, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a ..Category: Property Law | Date: | Hits: 34
Md. Delowar Hossain Vs. Md. Nurul Hoque and others, 2007, 36 CLC (AD)
....submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......egistrar may be appointed in the newly created area and the impugned order indicates that a new area has been created and in that area he (writ-petitioner) has been apointed as Nikah Registrar, in view of which, there was no illegality in the impugned order as submitted by the writ-petitioner in..Category: Civil Law | Date: | Hits: 81
Azaharuddin Ahmed Vs. T. N. T. others Board and Others, 2007, 36 CLC (AD)
.... substances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 236. ......n the consumer but a duty is cast upon the trader or service provider to collect it from the consumer or user of the services and then to account for the same to the Government. 9. In view of the above, we find no substances in the submissions of the Advocate for the petitioner..Category: Fiscal/Taxation Law | Date: | Hits: 91
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......at the lands mentioned in the ‘Kha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. The defendant with a view to grabbing the entire paternal properties erected the deed of gift No. 3028 dated 02.03.1987..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......by the plaintiff and in the facts and circumstances of the case, the defendant No.1, if a licensee at all, could not be asked to vacate the suit land without revoking the license. 8. In view of the discussions made above, we are of view that the High Court Division upon correct assess..Category: Property Law | Date: | Hits: 23
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......nce this cannot be treated as order passed while acting in the affairs of the Republic or any local authority and accordingly found the writ petitions not maintainable. 11. In view of the discussion made above, we are of the view that the High Court Division upon correct ass..Category: Employment/Service Law | Date: | Hits: 76
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......and included in the kabala belonged to Arun Chandra Shil nor any evidence is available on recorded to show that the said land belonged to Arun Chandra Shil; in view of the above the kabala dated 23.06.85, if any, being registered offending the provision ..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......iffs were required to lead evidence regard their possession in the suit land and any omission of the plaintiffs in this regard certainly will be fatal for them. 10. Accordingly we are of the view the High Court Division committed error in sending back the suit to the trial court instead o..Category: Civil Law | Date: | Hits: 107
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......ision accordingly held that the document in question is a forged one and it was created by the defendant by false personification. 7. In the above facts and circumstances of the case and in view of the discussion made above, we are of the view that the High Court Division upon correct ass..Category: Property Law | Date: | Hits: 20
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ......ceeding against a person against whom allegations have been received from the competent authority for violation of the provisions of the Customs Act, 1969 and evasion of customs duties and in that view of the matter Article 102 of the Constitution is not available in the present case. Hence the ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ......nd the application for vacating the order of stay is rejected and the order staying the proceeding of Execution Case on 05.04.2006 extended till on 08.05.2006 was recalled and vacated. 7. In view of the aforesaid order in the forgoing paragraph and for the reason stated in the impugne..Category: Civil Law | Date: | Hits: 94
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ...... in respect of the suit land and did not even go to mutate their names or did not adduce any other witness, excepting plaintiff No.5 who, is an interested person, to prove their case. 9. In view of the above, we find no substances in the submissions of the learned Advocate for the pe..Category: Property Law | Date: | Hits: 21
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......s shall be made regular. The High Court Division considered these materials on records and came to a definite finding that the respondents though appointed on contractual basis became permanent in view of clause 9 to the appointment letter and officer and office order No. 44 dated 22.10.1997. ..Category: Labour and Industrial Law | Date: | Hits: 65
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