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Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....ith D.N.A. Test; that both the Courts below have committed error of law allowing an application for D.N.A. Test prematurely failing to consider the subject matter and prayer of the Family Suit and provisions of law applicable thereto resulting in an error in decision occasioning failure of justi...... which depends upon proof of solemnizing marriage and birth of a child during existence of marriage which has get nothing to do with D.N.A. Test; that both the Courts below have committed error of law allowing an application for D.N.A. Test prematurely failing to consider the subject matter and ..Category: Family Law | Date: | Hits: 280
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 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) 563. ...... the petitioner that having the first charge over the mortgaged property the petitioner is a necessary party in the subsequent suit filed by the respondent No. 2, is not tenable in the eye of law as in the subsequent suit the only issue for adjudication is whether the respondent No. 4 owes ..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 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: 14 MLR (AD) (2009) 561. ......ntested the suit by filing written statement denying the material allegations made in the plaint and contending that the suit land was acquired by the fund which he got from his father in law and also out of the income from his business and that he provided accommodation to the plaintif..Category: Property Law | Date: | Hits: 22
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....e 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: VI ADC (2009) 558. ...... 5. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the Additional District Judge committed an error of land in not applying the settled principle of law that none but the contracting parties and the Government should be parties in the ins..Category: Property Law | Date: | Hits: 25
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
.... and since criminal cases were pending against the petitioners for misappropriation of money through the forged bills, they were placed under suspension by various staff orders in accordance with the provisions of Regulation No. 22(1V) of the Regulation read with Rule 73 of the Bangladesh Service Ru......pension can only be passed by a person having authority to make the final order that is the order, of dismissal, and so the suspension orders not being passed by the appointing authority, are without lawful authority and moreover actions against the petitioners under Regulation No. 22 of the above S..Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & 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) 551. ......egistered in favour of the petitioner on 29.08.1984 but the agreement for sale being entered into on 04.05.1980, that is after the 25th day of March 1971, the same has no legal effect in the eye of law; it is also evident from the contents of the writ petition that the petitioner filed Title Suit..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....it was dismissed for default on 22.04.2003 and the Miscellaneous Case No. 88 of 2003 for restoration is still pending and as such the present rule has become infractuous as it is the mandatory provision of Article 110 of the Constitution that a suit must be pending in the lower Court which ......r disturbing the possession of the plaintiff in schedule No. 1 property and to award cost of the suit and to pass such other and further order or orders as court may deem fit and proper as per law and equity. 3. The plaintiff-respondent considering the facts and circumstances of the ..Category: Property Law | Date: | Hits: 23
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
.... and to adduce witness and a report was submitted on 08.08.1995 and he being found guilty of the alleged misappropriation he was served with a second show cause notice : dated 20.11.1995 under the provisions of Regulation No. 28 (1) (b) of the said Regulations, 1981, mentioning that prelimi......thout jurisdiction and of no legal effect and further direction was given for reinstatement of the respondent in his service with all arrear salary and other allowances as admissible under the law. Being aggrieved by and dissatisfied with said judgment and order the Sonali Bank, as appellant..Category: Administrative Law | Date: | Hits: 166
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....rosecution case regarding the identification of dead body of the victim; moreover the petitioner was also not duly examined under section 342 of the Code of Criminal Procedure which is a mandatory provision; moreover it is also evident from the record (postmortem report) that the age of the vict......ord for the purpose of commutation of the death sentence, rather all the circumstances are aggravating. 6. We accept the above view of the High Court Division as it is a settled principle of law that the object of sentence should be to see that crime does not go unpunished and the society..Category: Criminal Law | Date: | Hits: 50
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....hat the writ petitioners were entitled to get their taxicabs released on the basis of exemption under section 19 pursuant to SRO No.56 dated 16.3.1999 and that the same has not been affected by the provision of section 30, 31A and the subsequent SRO No.158 dated 12.6.2003 for the purpose of determ......ntioned here that section 18 of the Customs Act speaks of goods dutiable except as hereinafter provided, custom duty shall be levied at such rates as are prescribed in the First Schedule or any other law in the time being in force. Thus the section provides the rate of customs duties to be levied on..Category: Fiscal/Taxation Law | Date: | Hits: 72
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
....ive petitioner herein. The writ petitioners were employed in Palli Daridra Bimochon Foundation (PDBF) serving in Rural Development Board and by Act, XXIII of 1999 while PDBF was established, as per provision of Section 30 of the Act, Rural Development Board was abolished and the employees thereof......pointed more than 13 years back, 1 (one) was appointed 12 years back and the other was also appointed more than 18 years back and as such, "though they became employees of PDBF by operation of law, their long service cannot be ignored. So, according to their case, their service cannot be ter..Category: Employment/Service Law | Date: | Hits: 68
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ...... 3. Being aggrieved by dissatisfied with the impugned judgment and decree the plaintiff-appellant has preferred the appeal alleging, inter alia, that the impugned judgment and decree is bad in law as well as in facts. The learned Subordinate Judge (now Joint District Judge) failed to appreci..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
.... Arbitrator and that as both the parties being aggrieved by the judgment passed in Arbitration Miscellaneous Case No. 22 of 1993 have filed appeals. 9. The appellate Court observed " As per above provision Public Works Department is the proper authority to assessing the value of the buildings an......uired. 8. The appellate Court heard the appeals together and by the common order dated May 25, 1995 made an order of remand for fresh assessment as the appellate Court found that the relevant the law and the regulation have not been followed in making the assessment of compensation by the learne..Category: Alternative Dispute Resolution | Date: | Hits: 249
M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....lat Suit No.2 of 2000 filed the writ petition (affirmed on April 3, 2004) challenging legality of the sub-sections 2, 3 and 4 of Section 41 of the Artha Rin Adalat Ain, 2003 on the ground that the provision therein for filing appeal against the decree of the Artha Rin Adalat upon depositing 50% ......ng that the writ petitioner contested the suit by filing written statement and that when the decree was passed against him, he has moved the High Court Division in writ jurisdiction challenging the law as in Artha Rin Adalat Ain, 2003 instead of filing appeal and held "we do not find any su..Category: Civil Law | Date: | Hits: 98
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....n Mala, 1990 (the Rules) and the order dated August 29, 2002 issued by the respondent No.2, Secretary, Bangladesh Jute Mills Corporation terminating the service of the writ petitioner resorting to provision of Rule 55 (2) of the Rules, 1990. 3. It was the contention of the writ petitioner...... of Golden Handshake schemes are transferred to other viable and operating units to fill available vacancies". The High Court Division on consideration of the facts of the case as well as the law relevant on the question involving the case held: “Respondent Nos. 1 and 2 had not acted ..Category: Employment/Service Law | Date: | Hits: 61
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
.... and the Family Courts Ordinance, 1985 and that writ petition having had filed Family Case No. 61 of 2007 in the 5th Court of Additional Assistant Judge and Family Court, Dhaka in the right of the provision of the Family Courts Ordinance, 1985 the writ petition is not legally well conceived one,...... writ petition absolute in the following terms: "two minors, namely, Sagorika Noami Azad Huq and Mehrab Faraj Huq are being held in the custody of the respondent Nos.1-3 without lawful authority and in an unlawful manner. The respondents are directed to handover the above two..Category: Family Law | Date: | Hits: 171
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... High Court Division in support of the prayer for leave to appeal. 9. In the background of the materials on record we are of the view that the High Court Division has committed no error of law in its judgment calling for interference by this Division. Accordingly, the peti..Category: Civil Law | Date: | Hits: 91
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background of the 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: ...... that appellate Court ought not have set aside the finding of the trial Court since the trial Court had opportunity of seeing demeanour of the witnesses and also observed that settled principle of law is that the appellate Court before setting aside the finding of the trial Court should think tw..Category: Property Law | Date: | Hits: 28
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
....that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ......nt on 11-09-2005 but the said cheque was dishonoured with a remark "insufficient fund". Thereafter, the complainant-respondent No. 2 on 25-09-2005 served two legal notices through engaged lawyer by registered A/D in present and permanent address of the accused-petitioner demanding..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....ightful owner of the suit land and to keep the excess land, the plaintiff and his father submitted separate statements of the lands in the Office of Circle Officer (Rev) Nachole under the provision of P.O. 98 of 1972 and the lands of the (plaintiffs father and the plaintiff are actuall......five years before 16th day December, 1971, has been amended by the words "before the 20th day of February, 1972" and as such the Additional Deputy Commissioner (Rev), on misconception of law, dismissed the appeal of the plaintiff on 19.9.1977 fully knowing that such provisions has been..Category: Property Law | Date: | Hits: 26
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