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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. ......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. ......ent case is breach of Rule 27(2) and is therefore illegal. Consequently, the inquiry proceeding leading to the submission of the inquiry report in this case is not sustainable in law and is without jurisdiction. This apart, the petitioner was not served with the second show causes notice togethe..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. ...... reply to that he denied the allegations made in the show cause notice, that an inquiry committee was constituted which enquired into the allegations made against him, that enquiry was held in his absence although he appeared before the inquiry committee, that the authority without serving secon......t aside the order of dismissal on the finding that the said order of dismissal in respect of the respondent No.1 herein i.e. petitioner before the Administrative Tribunal was illegal, void, without jurisdiction and thereupon made the direction to the following effect "O. Ps. are directed to ..Category: Administrative Law | Date: | Hits: 96
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ee Execution Case No.44 of 1994 in the same court for an amount of Tk.1,31,69,877.30 and started the proceeding for auction sale of the mortgage property in spite of the petitioners repayment of a total sum of amount Tk.70 lacs to the respondent duly authenticated (certified) by court against th......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......d rightly held that the petitioners had no remedy under Sections 151/152 of the Code of Civil Procedure. The High Court Division has rightly found that the respondent No.1 acted without jurisdiction in passing the impugned order allowing the prayer for setting aside the final decree u..Category: Property Law | Date: | Hits: 37
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....defendants and the evidence adduced by the defendants observed that the defendants' predecessor purchased the suit land by registered kabala dated 12.04.1924 and defendant Nos.7 and 8 purchased in total 3.80 ½ acres of land from the heirs and successive heirs of the original kabala purcha......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ..Category: Property Law | Date: | Hits: 28
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. ......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. ...... 5. The trial Court dismissed the suit. On appeal being Title Appeal No.409 of 1992, the Court of appeal allowed the appeal. The defendant Nos.1 and 4 moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was discharged. 6. We have hea..Category: Property Law | Date: | Hits: 21
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....deque Hossain dividing the plot into four plots i.e. Nos.49, 49A, 49B and 49C. Plot No. 49 with an area of 12 kathas was allotted to accused Shahinoor Islam, Aftara Begum and one Sadeque Hussain at a total price of Taka 23,33,600. The money was deposited on 18-9-1989, possession of the land was de...... 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. ...... former President and allotments given by RAJUK in favour of the accused petitioners and therefore, the confiscation of Plot Nos. 49, 49A, 49B and 49C imposed on the accused petitioners was without jurisdiction and unconstitutional as the accused petitioners cannot be subjected to a penalty greate..Category: Anti-Corruption Laws | Date: | Hits: 294
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. ......cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ...... the pendency of the suit. The appellate Court rejected the application for amendment of the plaint by the impugned order. Being aggrieved, the plaintiff moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was discharged. 4. We have heard Muhammad..Category: Property Law | Date: | Hits: 21
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....t guilty and repeated their innocence. The defence did not however examine any witnesses on their behalf. 8. The defence case as could be gathered from the trend of cross-examination is total denial and their, inter alia, case was that no occurrence took place on the date, time, place......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ..Category: Procedural Law | Date: | Hits: 79
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....vey. Out of the above land 66 decimals of land are acquired for the construction of Mujgunni Main Road at the instance of the defendant respondent K.D.A. in L.A. Case No.2A/1965-66. Out of the total acquired land 17 decimals were used for the said purpose and the remaining 49 decimals ......to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ..Category: Property Law | Date: | Hits: 26
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......ordingly, the petitioner's contention that he is entitled to pay customs duty, tax and other charges on the basis of invoice value not on tariff value is not acceptable in law. Further in the absence of any disclosure of the relevant and reliable materials to show that the fixation of tarif......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
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. ......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. ......the Legislature meant, but what its language meant or in other words what the Ain said that it meant. The learned Counsel further submitted that an order passed by a Division Bench having writ jurisdiction cannot have any effect whatsoever on a Division Bench having civil appellate jur..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. ......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. ......e Government executed a registered leave deed dated 05.11.1994 inasmuch the complicated title in the property in question as well as disputed question of fact which could not be decided in the writ jurisdiction which needed a property constituted Court of law for adjudication principle of waiver a..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......ase of the convict in the appeal, nor was it urged on behalf of the convict before the High Court Division that case against him was a case of no evidence or that judgment was of a court which had no jurisdiction by try the case or that conviction and sentence is contrary to the law or in other word..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. ......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. ......4. The trial Court decreed the suit. On appeal being Title Appeal No.3 of 1999 the appellate Court dismissed the appeal. Being aggrieved, the defendants moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was discharged. 5. We have heard Abdul Jab..Category: Property Law | Date: | Hits: 22
Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ......1.1.1998 took leave on 26.4.1999 to visit his village home. However a protracted period of illness prevented him from reporting to his work from 28.4.1999 till 16.8.1999. During this period of absence he sent several applications supported by medical certificates and prescriptions ...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ..Category: Employment/Service Law | Date: | Hits: 81
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......ction Dispute Case No.1 of 2003 and also the order dated 13.03.2005 for recounting the ballot papers as contained in Annexure-C to the writ petition should not be declared to be illegal and without jurisdiction and are of no legal effect and/or such other or further order or orders passed as to t..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... suit was barred under sections 11 and 12 of (E.P.) Ordinance No. XI of 1968 and section 13 of (E.P.) Ordinance No. XI of 1969. 6. The plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute on the finding t..Category: Employment/Service Law | Date: | Hits: 82
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....os.6 and 7 did not get any title by virtue of the deed of gift from Efatunnessa and in fact the plaintiff and Haji Abdur Raquib sold 0.85 decimals of Dag No.1646 and 0.50 decimals of Dag No.1647 in total 1.35 decimal of land to Haji Siddque Ali and they never sold any land of disputed Dag ......of the land there were banana trees and other fruit trees which the defendants were in possession and the plaintiff being an influential person and a habitual litigant, taking the advantage of the absence of Abdus Satter, a resident of U.S.A., in order to grab the property, instituted the ......hat the Courts below believed the case of the plaintiff and after elaborate discussion and assigning cogent reasonings arrived at certain findings and the High Court Division under revisional jurisdiction had no scope to interfere with it. The learned Counsel further submitted that the inte..Category: Property Law | Date: | Hits: 29
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ...... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ...... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ..Category: Property Law | Date: | Hits: 24
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......fore, it is contended that the assessment of customs duty and the imposition of supplementary duty on the aforesaid rates on the basis of the aforesaid SROs, dated 14.02.2000 is illegal and without jurisdiction. 3. Mrs. Mahmuda Begum, learned Advocate-on-Record, appearing for the petitioner sub..Category: Fiscal/Taxation Law | Date: | Hits: 65
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