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Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o that the respondent No.1 showing his false identity as to be the permanent resident of No.7 Edbarpur Union obtained license of a Nikah Registrar on temporary basis, which is contrary to the provision of Rule 6(3) of the Muslim family law Ordinance. The learned Advocate further submitted t......d as the Nikah Registrar. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the impugned judgment and order is ex facie illegal and bad in law as well as in facts; that the respondent No.1 is not a permanent resident of No.7 Edbarpur Unio..Category: Civil Law | Date: | Hits: 99
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....e), P.M.G. Office, Dhaka Division, Dhaka was appointed as the Inquiry Officer to investigate the charge of misconduct by his memo dated 17.8.1983. But the inquiry officer without following the provision as laid down in Sub-Rule (4) of Rule 7 of the said Rules fixed the date of inquiry on 7.1......On receipt of the said letter, the respondent submitted his reply on 28.7.1993 explaining his position stating that the charge of misconduct so framed against the respondent was not sustainable in law inasmuch as it did not fall within the ambit of Rule 3(b) of the said Rules of 1985 and prayed ..Category: Administrative Law | Date: | Hits: 159
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......y;nitely learnt about it on obtaining certified copies of the deeds of sale and filed the pre-emption cases on making deposit of value of case land as per deed with 10% compensation as required by law and total quantity of land held by her would be far less than 100 bighas. 4. The petitio..Category: Property Law | Date: | Hits: 24
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......shy;ated by a single individual and as such the registration of "Yellow Pages" as Trade Mark has affected the business community inasmuch as such registration is not permitted under law and that the Trade Mark No. 50431 in respect of Bangladesh "Yellow Pages" cannot rema..Category: Intellectual Property Law | Date: | Hits: 329
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja 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) 488. ......ought the suit ended unsuccessfully up to the Appellate Division and that the plaintiff proceeded with the earlier suit bonafidee with due diligence and in good faith and he under the advise of his lawyer instead of filing the suit for specific performance of contract wrongly filed the suit ..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....of the Managing Committee and she after obtaining leave continued the B. Ed Course on Teaching Practice; she under the Regulation is entitle to get leave for her B. Ed Course but since there is no provision for leave at the time of teaching period of school she had to pray for part leave only fo......not an offence rather it should he encouraged and so a strong prima facie case being made out in support of the prayer for temporary injunction the appellate Court did not commit any error of law resulting in an error in the decision occasioning a failure of justice in granting the ord..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
.... said plot as residential plot, that transfer of the land was illegal, that the plan was legally cancelled and that as against the order of cancellation appellant ought to have filed appeal as per provision of Section 15 of the Building Construction Act and as such the writ petition was not main......ant was entitled to get a prior notice to that effect. We therefore hold that impugned order has been passed in flagrant violation of the principle of natural justice and it can not be sustained in law." 5. The learned Counsel for the appellant has urged the following grounds: - ..Category: Property Law | Date: | Hits: 28
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
....s to the posts of Assistant Professor as proposed by the Principal. The promotion proposed to be given to 9 teachers to the post of Assistant Professor was recommended complying with all the provision laid at down in clause 9 of sub-clause (4) of the guidelines published on 24th October, 1......ade in the writ petitions. However, the case of the respondent Nos. 7, 8 and 9, in short, is that the appointment, posting, promotion and granting of M.P.O to the teachers and staffs are guided by law, rules a guidelines issued by the Ministry of Education from time to time. On 26.11.2005, ..Category: Employment/Service Law | Date: | Hits: 57
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and there 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) 469.......ct decision and there 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) 469...Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
....made no illegality or irregularity in imposing penalty for the mischievous conduct of the writ petitioner-respondent and the authority made the assessment order as per prevailing rules and the provisions framed by the Revenue Authority and the writ petition is in contravention of secti......d the provisions framed by the Revenue Authority and the writ petition is in contravention of sections 217 and 218 of the Customs Act. The High Court Division overlooked the provision of law and Import policy order 1995-1997 and committed error of law in making the rule absolute. He fu..Category: Business or Commercial Law | Date: | Hits: 163
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......las. These defendants got their names mutated. The plaintiff unsuccessfully moved up land appeal board for getting the auction sale set aside. The suit is bad for defects of parties and hit by law of limitation and also hit by section 42 of the Specific Relief Act. 4. The Assistant J..Category: Property Law | Date: | Hits: 22
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
.... in possession for which they are liable to pay the salami for the period. The appellant as well did not issue any notice under the PDR Act for releasing the said amount under claim under the provision of PDR Act. It is very pertinent to observe here that the appellant even did not file any......ourt Division in Writ Petition No.789 of 1994 making the Rule absolute declaring the impugned Memo No.CEN. CERT/94/153 dated 28.03.1994 issued by the Certificate Officer to have been issued without lawful authority. 2. The facts of the case, in short, are that respondent, a Fishermen's Co-..Category: Civil Law | Date: | Hits: 101
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
....for exhumation of the dead body. This Division in explicit language expressed its view "practice of granting relief summarily without issuing any rule is held to be illegal and unfair". 8. The provisions in section 151 C.P.C and the section 561A Cr. P.C do not empower or authorize the court t...... order under appeal is the High Court Division granted full relief sought hi the revisional application in summary manner without hearing the respondent Nos. 3-9 and the State. The age old concept of law is that in a proceeding by an order of the Court, if the respondent is going to be affected then..Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......on presumable due to oversight placed only the jail petitions for hearing in chamber and as a result they were seriously prejudiced as the open court had no opportunity of hearing the lawyer's of the petitioners. II. Because initial judgment by the trial Court in Sessions..Category: Criminal Law | Date: | Hits: 35
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the High Court Division given in the writ jurisdiction interpreting a provision of law. The Tribunal here is the Administrative Appellate Tribunal, Dhaka and the extra-......ve Appellate Tribunal in Appeal No. 43 of 1989). Judgment ATM Afzal CJ.- This appeal, among other, raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the High Court Division given in the writ jurisdiction i..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
.... a transfer to a co-sharer in the tenancy whose interest has accrued otherwise than by purchase; or (b) a transfer by exchange or partition; 11. From the aforesaid provision we are unable to read that no oral evidence can be adduced for determining the nature of ......ing the final court of fact arrived at the findings that the transfer in question is a sale and not an exchange on consideration of oral evidence on record the learned Single Judge fell in error of law in setting aside the Judgment of the lower appellate court without adverting to the reasoning ..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ...... pending, as that will be putting the cart before the horse. The permission granted to the plaintiff-respondents was therefore misconceived and cannot be sustained. The High Court Division erred in law in not comprehending the nature and scope of the suit itself. The appeal is allowed but..Category: Procedural Law | Date: | Hits: 64
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....second party (Jute Mills) contested the case by filling written statement contending that the case was not maintainable, that he was a worker under the petitioner mills and was governed by the provisions of the Employment of Labour (Standing Orders), Act, 1965 and as there is no allegat......d Act which is misconduct. 8. Having gone through the judgment and order of the Labour Court as well as the High Court Division we find that both the courts below committed an error of law in construing section 17(1)(a) where the provision of section 18 of the Act is not requir..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... the plaintiff in favour of the defendants are null and void and are not binding on him. 3. Defendant Nos. 1 and 2 contended in their written statement that the suit is not maintainable in law and that the suit was false and concocted. Defendant No. 1 resided in the house of the plaintif..Category: Property Law | Date: | Hits: 34
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
.... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ......red from the possession of respondent No. 1 and as such the High Court Division misread the charge-sheet and the quashing of the proceeding has been done in violation of settled principles of law in this regard. 2. It appears that the High Court Division found that the instant case w..Category: Criminal Law | Date: | Hits: 38
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