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AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....ppellant. The documents included the deed of agreement dated 4 August 1969 between SM Taqui and the defendant No. 1 for purchase of the suit property wherein it has been mentioned that out of total amount of Rupees 40,000 a sum of Rupees 10,000 was paid in advance to SM Taqui out of which 4......tiff stated that documents in support of his claim were in the custody of his residence at Cardiff at London kept by him at the time he left for Kuwait and that the defendant-respondent during his absence removed the suitcase containing the aforesaid documents and that in this connection Barry C......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..Category: Procedural Law | Date: | Hits: 173
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......er of the District Co-operative Officer vide Memo No. 1146 dated 25.2.2007 constituting an Ad-hoc Managing Committee suspending the elected Managing Committee of the Samity was illegal and without jurisdiction. He further submits that the High Court Division also committed an error of law in fai..Category: Civil Law | Date: | Hits: 126
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......2 and 133 and the land claimed by the plaintiff is of plot Nos.147 and 148 and 150. As against the judgment of the lower appellate Court the petitioners moved the High Court Division in revisional jurisdiction and obtained Rule. 7. The High Court Division discharged the Rule on the findin..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....e deprived of the benefits, which they acquired upon establishment of the fact of their being freedom fighters and they were paid for the 32 years, of receiving Honorarium/Rastrio Sammani Bhata in total disregard of the universally accepted principle of natural justice or, in other words, withou......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....he Appellate Court observed it was the duty of the defendants to prove their auction purchase and on consideration of the evidence, both oral and documentary held, "The defendants totally failed to prove their alleged auction purchase of suit property. The defendant No. 2 also f......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......order dated December 11, 2006 of a single Bench of the High Court Division in Civil Revision No. 3806 of 2004 discharging the Rule. 2. Defendants moved the High Court Division in Revisional jurisdiction being aggrieved by the judgment and decree dated July 18, 2004 of the First Court of J..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....result of the appeals reached by my brother Md. Joynul Abedin, J. But my approach to the point of law involved in the appeals is somewhat different from that of my brother Md. Joynul Abedin J. In the totality of the facts of the case I am of the view the writ petitioner was neither in abscondence no......h person that his appearance is wanted before the Court or that the law enforcing agency is looking for his apprehension on the lodging of first information report alleging cognizable offence. In the absence of exhaustion of the procedure relating to apprehension of a person by the law enforcing a......er Article 102(2) of the Constitution. 7. It is pertinent and would not be out of context to mention that when an alleged accused or a convict by a duly constituted Court or a Court of competent jurisdiction gets himself temporarily released from custody on execution of bail bond, the law enjoi..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......wing settled principle of law most illegally allowed the application of recounting which cannot be sustained in the eye of law; that there is no factual foundation for recounting of ballot papers. In absence of any factual foundation no order for recounting can be recorded by the Tribunal. Order o......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..Category: Election Law | Date: | Hits: 159
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....nnocence. The defence examined witnesses on their behalf who were duly cross examined by the prosecution. 7. The defence case as could be gathered from the trend of cross-examination is total denial contending, inter alia, that no occurrence took place on the date, time, place an......and 6 who admittedly are hostile and referred to decisions reported in 54 DLR (AD) 24 and 44 DLR (AD) 60. He then submits that the learned Judges of the High Court Division failed to consider the absence of any allegations of specific over act against the petitioners, which provided unfair and ......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ..Category: Criminal Law | Date: | Hits: 22
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......r curtailment of area which is unlawful and thus committed illegality. 5. The High Court Division held that the appointment of respondent No. 5 was made in accordance with law curtailing the jurisdiction of the petitioner who is still Nikah Registrar for No. 7 Dhalua Union and held ..Category: Civil Law | Date: | Hits: 88
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......he appellate court by judgment and order dated 29.06.1999 dismissed the appeal and affirmed the judgment by the trial court, Being aggrieved the petitioner moved the High Court Division in revisional jurisdiction and the Rule obtained was discharged. 6. The High Court Division on consideration ..Category: Tenancy Law | Date: | Hits: 148
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......condly, the period of suspension order of respondent No.1 from 02-06-1976 to 22-01-1979 pursuant to the decree of the civil Court was treated as his duty and thirdly that the period of unauthorized absence of the respondent No.1 from the period of 23-01-1979 to 11-05-1988 was treated as extraordin......ent No.1 excluding the amount paid as subsistence allowance within 60 days from the date of judgment and order. 6. The petitioner BADC being thus aggrieved moved the High Court Division under writ-jurisdiction and the Rule issued was discharged of by the impugned judgment as aforesaid and again..Category: Employment/Service Law | Date: | Hits: 87
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......he lower appellate court, the final court of facts, and so in view of the above concurrent findings of the courts below, which are based on materials on record and on evidence and also in the absence of error of law or procedure affecting merit of the case, can not be disturbed and that the......ith the land mentioned in the suit kabala, his claim in the suit land has not been proved. As it appears in view of the above the High Court Division discharged the Rule holding that in revisional jurisdiction the Court is not competent to interfere with the finding of facts arrived at by t..Category: Property Law | Date: | Hits: 23
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......received the memo dated 10.8.2005 providing that in terms of the provisions of the Gazette Notifications dated 11.5.2004, and 19.6.2004, Annexures D and D-1, the respondent No. 2 has no longer any jurisdiction to renew the quarry leases of the pathor mahals without recommendations of the Distric..Category: Others | Date: | Hits: 101
Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)
....tly an advertisement was published in the daily Karnaphuly on 01.06.2004. The further case is that the Chittagong University has a Planning Committee which is generally composed of one-third of the total number of full time teachers in order of seniority, with a minimum of three members and one o......to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ......to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ..Category: Civil Law | Date: | Hits: 134
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity 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: V ADC (2008) 858. ...... the option is on him to avail or not the service and no law however, has been cited to show that such right exist in the petitioner to enter into bargain concerning the fixation of rate and in the absence of such right the writ petition is not maintainable, which was rightly dismissed by th......the line from P.D.B to the Board and the question as to whether or not lines have been transferred for municipal areas to other places being the disputed question of facts cannot be decided in writ jurisdiction and that in the case of Faizuddin Ahmed vs. the Secretary, Ministry of Energy and Natu..Category: Civil Law | Date: | Hits: 119
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
....f mouza Mohakhali, Karail and Lalasarai was acquired by L.A. Case No. 17 of 1957-58 and possession was handed over to the requiring body i.e. T & T but the T & T Board claimed that in total 170.47 acres of land were acquired out of which 90acres have been given on 6.9.1989 to the Mi......petitions for leave to appeal were filed but dismissed can not be entertained. The High Court Division also refused to entertain the review petition on the ground of delay and that because of absence of the explanation as to how the delay occurred. On the aforesaid findings rejected the rev...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..Category: Property Law | Date: | Hits: 56
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....not 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: V ADC (2008) 822. ......not 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: V ADC (2008) 822. ......parties, hold that the learned Subordinate Judge was not justified in decreeing the suit and thereupon allowed the appeal. 6. The plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division on consideration of the materials ..Category: Property Law | Date: | Hits: 25
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
.... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ......d frivolous proceeding for their resorting to Courts and producing any document or give any evidence in any such proceeding and the provision of section 195(1)(c) being a mandatory provision in the absence of any complaint by the concerned revenue Court that is Assistant authorized officer the c......ned Advocate-on-Record appearing for the appellants in both the appeals has referred to rule 30 of the State Acquisition Rules and submitted that the said Assistant Revenue Officer while exercising jurisdiction under section 30 of the Acquisition Rules, 1951 in the matter of preparation of rent ..Category: Criminal Law | Date: | Hits: 45
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......ns of the learned counsel for the parties held that the impugned order passed by the Artha Rin Adalat in a proceeding under order 21, Rule 89 of the Code of Civil Procedure is not amenable to writ jurisdiction and the same can in an appropriate case be deal with by a civil court. The High Court ..Category: Civil Law | Date: | Hits: 92
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......r then filed the present writ petition and obtained Rule but after hearing the High Court Division discharged the Rule holding that the question of abatement may be decided in a forum having civil jurisdiction and accordingly the writ petition is not maintainable. 3. The learned counsel ..Category: Civil Law | Date: | Hits: 78
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