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Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......s no existence of the application dated 20-4-1995 and this kind of non consideration is a non application of judicial mind which not only caused a failure of justice resulting in an error in the decision but also caused prejudice to the appellants. 8. Mr. Habibul Islam Bhuiyan, the learn..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......but was posted for hearing as "application", the High Court Division committed grave error of law in deciding the writ petition on merit and such error led to error in the decision in discharging the Rule with cost on a date not fixed for hearing of the Rule and the ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......the factum of possession but the learned Single Judge without determining this primary and vital issue, decided the title and merit of the suit in its revisional jurisdiction and wrongly reversed the decision of the Courts below and that both the trial Court and the appellate Court upon proper ..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......ant to submit their claim in details and item-with all related papers to the concerned Executive Engineer. The Additional Chief Engineer by his aforesaid Memo also informed that he will give his decision in the matter on getting their claim with comments of the concerned officer. The con&s..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......eir seniority and that case being still pending as such a writ petition for determination of seniority under the provision of Article 117(2) of the constitution being barred and also in view of the decisions of the High Court Division, the High Court Division acted without jurisdiction in issuin..Category: Administrative Law | Date: | Hits: 152
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......urts as a final court of fact. 11. It is further contended that there is no misreading or non-consideration of the material evidence on record by the appellate court who reversed the decision of the trial court and as such the judgment of the High Court Division calls for no interfe..Category: Property Law | Date: | Hits: 73
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......interest in the suit land. 8. In view of the discussion made above we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leav..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......cer's order is passed with jurisdiction. No order is an order passed under any Act if it was not passed in exercise of power granted by the Act and was, therefore, without jurisdiction. The decided decision apart from the case of Secretary of State vs. Mask reported in AIR 1945 (PC) 709 not..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......05. The Constitution of Bangladesh, 1972, Article 105 Scope of interim relief in a case Substantial part of the relief in the case, while the case is pending for final decision, cannot be given by way of interim relief………………&..Category: Employment/Service Law | Date: | Hits: 109
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......hy;sional statement of accused Mafizuddin is not true and voluntary. 10. In our view, the High Court Division upon proper and correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition ..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......r. T.H. Khan, the learned Counsel appearing for the petitioner submitted that the trial of a suit should not be ordinarily be held piecemeal and the trial Court no longer has discretion to avoid decisions on fact. It is now mandatory to and determine the issues of fact along with the issues of ..Category: Employment/Service Law | Date: | Hits: 211
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ...... service of notice under section 106 of the Transfer of Property Act and the alleged default of payment of rent by the petitioner are based on no materials on record and as such the findings and decisions as arrived at by the learned S. C. C. Judge are erroneous and can not be sustained in law...Category: Property Law | Date: | Hits: 54
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......w that the High Court Division has rightly dismissed the aforesaid Misc. appeal and discharged the connected Civil Rule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is d..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......IRD for implementation of the judgment dated 24.6.1996 and 20.12.1998 of the Administrative Appellate Tribunal as aforesaid. 7. The IRD then sent the petition to the Ministry of Establishment for decision and forwarded summary of the appellant's case (prepared by the NBR) to the Ministry of Esta..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......rged and fabricated. It may be mentioned that the Respondent No. 1 as petitioner in the Miscellaneous Case no. 297 of 1994 prayed for return of the shop no. 235(kha). On the aforesaid findings and decisions the Court of Additional District Judge allowed the Miscellaneous Case upon setting aside ..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......ed decree. Further a dealing assistant whose name and particulars are not there has been picked up as a scapegoat to absolve the responsibility of the petitioner to keep informed of the result of the decision in the appeal which was duly conducted by its law officer and such attempt do not inspire a..Category: Limitation Law | Date: | Hits: 189
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