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Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....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: 62 DLR (AD) (2010) 255. ......ion made in the acquired land. From the judgment of the learned Arbitrator it is not seen that there was express or implied conduction of the public functionary. In the case of public functionary the question of waiver in the performance of function required by law to be performed is to strictly con......ed from conduct which is inconsistent with the continuance of the right". 19. The submission made upon referring to the aforesaid part of the judgment in the reported case in the background of the facts of the instant case is hardly of any useful purpose for the respondents because of the fact th..Category: Alternative Dispute Resolution | Date: | Hits: 249
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... 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 reasonably in termin......led of voluntary retirement scheme 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: “Respo..Category: Employment/Service Law | Date: | Hits: 61
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Md. Ruhul Amin CJ.- The respondent No.1 in Writ Petition No.770 of 2007, which was filed questioning custody of two minors, a boy and a girl born on December 11, 2002 and Augu......de of the respondents that the writ petition is not maintainable since the question of custody will be taken care by the Family Court in Family Case No.61 of 2007 and that in the background of the facts stated by the respondent Nos. 1-3 in their affidavit-in-opposition and the supplementary affi..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: ......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: ......hout coming to any finding that the application is without substance, that the records for production whereof direction was sought on the plaintiff was very much essential to show certain material facts alleged by the plaintiff not correct. It was also contended that inspite of information to th..Category: Civil Law | Date: | Hits: 91
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
.... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ...... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ......ction 439 of the Code of Criminal Procedure vacating the order of Stay granted earlier without hearing the Rule and directing the trial Court to conclude the trial expeditiously. 2. The facts of the case, in brief, are that one Md. Hafizur Rahman lodged F.I.R. with Gopalganj Police S..Category: Criminal Law | Date: | Hits: 40
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
....n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......to pay the licence fee on repeated request and reminder the licence was cancelled as the respondents were not liable to increase the rate of coupons, but the High Court Division on misconception of facts allowed the appeal in-part. He lastly submits that the petitioners started certificate c..Category: Civil Law | Date: | Hits: 150
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....ity 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) 525. ......ity 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) 525. ......ity 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) 525. ..Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......p; 2. Short facts as placed before the High Court Division are that the plaintiff instituted Other Class Suit ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 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) 519. ......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) 519. ......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) 519. ..Category: Property Law | Date: | Hits: 26
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......bsp; the writ-petitioner's licence of Nikah Registrar on the ground that he was not a permanent resident of No.7 Edbarpur Union. From the report submitted by the Sub-Registrar, it appears that the question of practising fraud in obtaining the license of Nikah Registrar was not considered. The Su...... petition for leave to appeal is directed against the judgment and order dated 22.0 1.2007 passed by the High Court Division in Writ Petition No.5257 of 2005 making the Rule absolute. 2. The facts of the case are, in short, that the respondent was appointed as the Nikah Registrar for No.7..Category: Civil Law | Date: | Hits: 99
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......ondent guilty of the charge. Thereafter the respondent received a second show cause notice on 10.3.1998 to which the respondent replied on 28.3.1994. The appellant without considering the facts and circumstances of the case and the provisions of law applicable in the case most illegall..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. ......ot being proved. 10. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that question of limitation was correctly decided by the trial court and the High Court Division and thi......l No.31 of 1994 and affirming the judgment and order dated 08.03.1993 of the learned Assistant Judge, Additional Court, Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the pe..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. ......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. ...... CJ.- By this petition the petitioner seeks review of the judgment and order dated 30th May, 2007 passed in Civil Petition for Leave to Appeal No. 1354 of 2004 dismissing the same. 2. Short facts are that an application under section 46 of the Trade Marks Act, 1940 for rectification of t..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. ......ff filed the suit before a competent court of jurisdiction but praying wrong relief under the wrong advise of the learned Advocate for the petitioner and it is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon takin...... jurisdiction but praying wrong relief under the wrong advise of the learned Advocate for the petitioner and it is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisi..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 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) 485. ......n 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 order of temporary injunction and further the question of maintainability of the suit as raised by the defendant is not tenable in law in view of......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) 485. ..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......n of the principle of natural justice. 3. Rule was opposed by the appellant (respondent No.1 in the writ petition) by filing an affidavit-in-opposition stating, inter alia, that the land in question i.e. 25 decimals of land of C.S. Plot No.361 claimed by the respondent was acquired in L.A......ling the permission which was given on 28.08.1997 for the construction for 20 storied residential building and thereupon cancelling the plan for the construction of the building. 2. The facts, in short, are that 25 decimals of land of C.S. Plot No.361 of mouza Bhola belonged to Mr. A..Category: Property Law | Date: | Hits: 28
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......emedy the petitioner moved the High Court Division and obtained rule. 4. In Civil Petition for Leave to Appeal No.823 of 2007 petitioners filed Writ Petition No.3771 of 2006 stating similar facts as in the aforesaid writ petition and obtained rule. Both the rules were heard and disposed o..Category: Employment/Service Law | Date: | Hits: 57
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. ......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. ......passed in Title Suit No.56 of 1991 by the learned Assistant Judge, Koyra decreeing the suit. 2. The facts, in short, are that Ferastullah predecessor of the petitioners as plaintiffs instituted a Ti..Category: Property Law | Date: | Hits: 22
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......on and as such, respondent No.1 was not required to pursue the remedy provided the PDR Act; that no notice under section 7 of the PDR Act having been issued and served on respondent No. 1, the question of pursuing the remedy under the PDR Act does not arise. The learned Counsel finally submi......o.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-operative Society, upon extensi..Category: Civil Law | Date: | Hits: 101
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888....... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888....... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888...Category: Criminal Law | Date: | Hits: 37
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