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Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in. the Government or that to establish the facts in the presence whereof the property can be listed as abandoned property and vests in the Government. This approach of the High Court Division was erroneous and as the High Court Division thereupon interfered with the judgment of the Court of Set......igation either to deny, the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimant". Similar view has been expressed in the case of Hazerullah and another Vs. Chairman, 1st Court of Settlement..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......quot;careful scrutiny of Rule 27 reveals that the allegations or charges required to be inquired into by an Inquiry Committee. The expression "Inquiry Committee" under Rule 27(2), in our view, would mean more than one officer but not more than 3 (three) officers would constitute an inq..Category: Employment/Service Law | Date: | Hits: 408
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......time. In other words, it is not barred by limitation. The petitioner cannot be victimized or made scapegoat due to the latches of the Bank authority in taking decision of the departmental appeal/review. Thus I hold that the impugned order of dismissal of the petitioner in service is not tenable ..Category: Administrative Law | Date: | Hits: 96
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......w and the resolution has been approved by the competent authority, the order of removal in respect of the petitioner removing him from the office of Chairman do not suffer from any infirmity. This view finds support in the case of Md. Mosharraf Hossain (Babul) vs Bangladesh and others reported i..Category: Criminal Law | Date: | Hits: 32
State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)
....t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ...... Hossain suddenly appeared on the spot and took away the tin pot from the deceased and there is no evidence that the accused had any knowledge about the contents of the tin pot. Accordingly, in our view the High Court Division arrived at a correct decision and convicted the accused under section..Category: Criminal Law | Date: | Hits: 48
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ......ed at the earliest stage of the suit. Otherwise such plea should be deemed to have been waived. Accordingly, the High Court Division held that the suit was not bad for defect of parties. 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: 21
Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....e 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: 17 BLT (AD) (2009) 6. ......4th Court of Munsif (now Assistant Judge), Dhaka seeking declaration that the above Memo dated 3.3.83 is illegal and not binding upon him and on 8.2.1987 the above suit was decreed in his favour in view of which the respondent No-4, by order dated 4.10.87, cancelled the above Memo dated 3.3.83 b..Category: Employment/Service Law | Date: | Hits: 122
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......d ordinarily be brought without in any way affecting the right to realise the fine that may have been imposed by a criminal court in connection with the offence." 26. Therefore, we are of the view that confiscation or forfeiture, whatever be the name, can always be made by a court in respe..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... or 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: 14 MLR (AD) (2009) 111. ......r both the parties being co-sharers, end of justice will be met if they are directed to maintain status quo till disposal of the present suit i. e Title Suit No. 13 of 2005. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Property Law | Date: | Hits: 27
Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ......rasha and created indiscipline among the teachers and students which clearly constituted the offence of professional misconduct as described in regulation No.11 of Regulations of 1979. 5. 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: 77
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......thin period of limitation, the appellate Court rejected the same and the High Court Division concurred with the appellate Court. 6. In the facts and circumstances of the case, we are of the view that the High Court Division considered all aspects of the matter in discharging the Rule. The..Category: Property Law | Date: | Hits: 21
Mohammadpur Girls School & anr Vs. Chairman, National Housing Authority, 2006, 35 CLC (AD)
....in the impugned order of the High Court Division. This petition thus merits no consideration and it is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 84. ...... the High Court Division vacated the order dated 24-07-2004 by the impugned order. 5. Having regard to the facts and circumstances and the materials on record of the case, we are of the view that the learned Judges of the High Court Division having applied their judicial mind vacated ..Category: Others | Date: | Hits: 84
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ......d; failing which the writ petitioner shall be highly prejudiced. 5. We are not impressed by the submissions of Shah Md. Munir Sharif. In the fact and circumstances of the case, we are of the view that the High Court Division has not committed any error of law in fixing the date of hearing..Category: Civil Law | Date: | Hits: 80
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......lant having failed to discharge his onus that the property in question is not abandoned property inasmuch as failed to discharge the onus by adducing any material before the authority and in such view of the facts and circumstances of the case, we find no material in the submissions of the i..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....he present suit for eviction against some of the co-sharers is not maintainable without the final decree in the said partition suit and as such, the judgment and order of the High Court Division is erroneous and liable to be set aside. The learned Advocate-on-Record also submitted that the High ......ted and 31 DLR (AD) 320 and the trial Court shall allocate the saham of the parties to their respective entitlement. With aforesaid finding, inter alia, the revision was disposed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed with..Category: Property Law | Date: | Hits: 23
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......t of decretal 'Money', can be construed as sufficient compliance of the provisions of Section 7(2) of the said Ain and the same is a question of great public importance, particularly, in view of the conflicting decisions given by two Divisions Benches of the High Court Division on the ..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ...... consent for the sake of service and family bondage. The petitioner being a member of the disciplined force had to give his consent and this aspect of the case can not be altogether to brush aside in view of the letter of the respondent to the Ministry of Home Affairs vide Annexure-3 of the affidavi..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ...... decision for acquisition of a property under section 5(1) of the Ordinance such decision is conclusive evidence that the property is needed for a public purpose or in the public interest. In this view of the legal position and when it could not be established by the writ petitioners that paymen..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....ion that a provision in any ordinary law irrespective of the importance of the public policy on which it is founded, operates to limit the powers of the Apex Court under Article 142(1) is unsound and erroneous." 79. The Court further observed: "The power under Article 142 ......cution did not prove its case beyond reasonable doubt against the convict. 4. The High Court Division on consideration of the evidence, both oral and documentary was of the view that prosecution case was proved beyond reasonable doubt. 5. It was not t..Category: Criminal Law | Date: | Hits: 62
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ...... High Court Division for the first time but the patta was with him since 1941 but did not file the same before any Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V AD..Category: Property Law | Date: | Hits: 22
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