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Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....igh court Division is neither proper nor in accordance with law; that the High Court Division committed an error of law resulting in error in the decision of the case occasioning a failure of justice in misreading the pleadings of the parties as well as the evidence on record and in fi......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......d Nawab Ali, Advocate-on-Record-For the petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No.211 of 2006 (From the judgment and order dated 25th July, 2005 passed by the Hi....... Mr. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the impugned judgment and order of the High court Division is neither proper nor in accordance with law; that the High Court Division committed an error of law resulting in error in the decision..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....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) 406. ......traordinary remedy provided in writ jurisdiction is for the vigilant and not for the indolent ones and relief in writ jurisdiction is to be sought immediately after the grievance is caused and accordingly, in the instant case, the petitioner having failed to seek the relief expeditiously, is......nbsp; Land Administration, Ramna, Dhaka and others........Respondents Judgment January 23, 2008. Cases Referred to- Fazlur Rahman Akhand and five others vs. Government of Bangladesh and others, 52 DLR (AD......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) 406. ..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....direction given by the High Court Division at the time of granting leave and the suit is decreed. The plaintiff shall not be in a position to execute the decree and as such, in order to do complete justice the appellant may be instructed to give proper security so that the suit if decreed may be e......count must be placed in the custody of the Court. The fixed deposit will remain in the custody of the Court as security against the decree that may be passed till final decision of the suit and will, accordingly, be disposed of by the Court on the basis of its decision. Rest of the sale proceeds wou......, by leave, is directed against the judgment and order dated 12.12.2000 passed by the High Court Division in Civil Revision No.3067 of 2000 disposing of the Rule giving direction upon the appellant to take immediate steps to release two double Decker buses on payment of all duties and taxes and to......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....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) 383. ......e 11 of Code without assigning any reason but the findings arrived at as to disposal of the suit is in accordance with law and upon compliance of the provisions of section 9 and 13 of Ain 2003 and accordingly not without jurisdiction so writ jurisdiction can not be invoked. 8. We are of t......awyers Involved: S.N. Goswami Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 936 of 2007. (From the judgment and order dated 20.3.2007 passed by the High C......the Adalat rejected the application file by the defendant under Order XXVI Rule 11 of Code without assigning any reason but the findings arrived at as to disposal of the suit is in accordance with law and upon compliance of the provisions of section 9 and 13 of Ain 2003 and accordingly not witho..Category: Civil Law | Date: | Hits: 95
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....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) 373. ......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) 373. ...... Judgment July 21, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Not represented- Respondents. Civil Petition for Leave to Appeal No. 456 of 2007. (From the judgment and order dated 13.12.2006 passed by the High ......o ask for the relief of possession and therefore the appellate Court below fell in serious error in holding that the suit without seeking relief for a recovery of possession is not maintainable in law. 8. We are of the view that the High Court Division on proper consideration of the mater..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ing the certificate filed by the petitioner and also without considering that no fact was suppressed by the petitioner about his purchase of marshy land. Thereafter, the petitioner served a demand justice notice upon the respondents requesting them to withdraw the cancellation order of allot......s not proper as the same was not filed keeping inconformity with the circular of the allotment. Since the Authority found that the allegations against the petitioner was established, and accordingly excluded his name from the preliminary and final lists of the residential plot allotmen......bul Kalam Mainuddin, Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 1003 of 2007. (From the judgment and order dated 21-05-2006 passed by the High......rporation road on 14-12-2002 and said acquisition in Urban area by no stretch on imagination can be said to have been acquired for fishing project thus the High Court Division committed an error of law occasioning failure of justice. He lastly submitted the High Court Division wrongly relied upo..Category: Property Law | Date: | Hits: 28
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......y the learned Additional District Judge, 1st Court, Naogaon and the appellate court took a contrary view and found that the plaintiff opposite parties succeeded in proving their case and accordingly the lower appellate court allowed the appeal and decreed the suit by reversing the judg......dvocate-on-Record-For the petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondents No.2. Not represented- Respondent Nos. 1, 3-10. Civil Petition for Leave to Appeal No. 665 of 2006. (From the judgment and order dated 12.03.2006 passed by the High ......ection 42 of the Specific Relief Act. Since no legal right of the plaintiff opposite parties has been infringed by the impugned order dated 10.04.1986 they are not entitled to any relief under the law. 5. After hearing the parties and in the facts and circumstances of the case, the trial ..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
.....2 upon referring to the provisions of sub-section 3 of Section 5 of the Act and clause (c) of Sub Rule (4) of the Rule 6 of the Rules has submitted that by the order dated 19th November, 1998 no injustice or prejudice has been done or caused to the appellant, rather his interest has more been sec......anting licence or not to a person, herein the appellant, who applied for extension of the licence. 25. In the light of the discussions made herein over we are of the view the appeal has merit and accordingly the same is allowed. 26. The impugned judgment and order are set aside. The office ...... The Appeal is allowed. Lawyers Involved: Mainul Hossain, Senior, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellant. Abdur Razaque Khan, Additional Attorney General instructed by Ahsanullah Patuary, Advocate-on-Record - For Respondent No. 1. Amir...... petitioner that; (a)"that the discretion of the Deputy commissioner under section 5(3) of the Cinematograph Act, 1918 to grant licence being an exercise of power by statutory authority under a law such discretion cannot be exercised arbitrarily and must be exercised fairly and reasonable on r..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......p; Syed J. R. Mudassir Husain CJ.- This appeal, at the instance of decree-holder-appellant, has arisen out of leave granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was preferred by the appellant against the judgment and order date...... of the Bainanama (agreement) dated 07-10-1983 in favour of the appellant. That the learned trial Court after due service of summons upon the defendant-respondents and exhausting all the process of law decreed the suit ex-parte on 29-06-1986 but due to failure on the part of respondent No.3 to e..Category: Property Law | Date: | Hits: 31
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......discharging the Rule holding that the provision of section 47 read with 60(3) have no manner of an application in a suit which was filed prior to the promulgation of Artha Rin Adalat Ain, 2003 and accordingly the order passed by the Artha Rin Adalat rejecting the prayer of the defendant-petition...... Badruddoza, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.3. Not Represented—Respondent Nos. 1-2 & 4-5. Civil Petition for Leave to Appeal No. 516 of 2008. (From the judgment and order dated 8-1 -2008 passed by the High C......ich was filed prior to the promulgation of Artha Rin Adalat Ain, 2003 and accordingly the order passed by the Artha Rin Adalat rejecting the prayer of the defendant-petitioner is in accordance with law. 5. The High Court Division relied on the judgment and order dated 28-3-2006 passed..Category: Civil Law | Date: | Hits: 104
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......rn of the benefits taken by the employees to the BCIC. Such direction of the High Court Division does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ...... Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. (In Civil Petition Nos.1419-1424 of 2005) Civil Petition for leave to Appeal Nos. 1317-1321 of 2005. (From the Judgment and Order dated June 28, 2005 passed b......re directed against the judgment and order dated 04-05-2005 in Writ Petition No. 8050 of 2002 along with other writ petitions making the Rule absolute by declaring the order of 'Pay off' as without lawful authority but refusing the salary due to the petitioners for the period when they were kept..Category: Employment/Service Law | Date: | Hits: 64
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
.... High Court Division also found that the trial Court rightly decided the matter in controversy and hence did not commit any error of law resulting in an error in the decision occasioning failure of justice in passing the judgment and decree. 9. Considering the facts and circumstances ......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ...... Md. Azizul Haq Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not Represented —Respondent Nos. 2-20. Civil Petition for Leave to Appeal No. 56 of 2008. (From the judgment and order dated 13th March, 2007 passed by the ......the case as claimed by the defendant Nos.1 and 2 of the suit. The High Court Division also found that the trial Court rightly decided the matter in controversy and hence did not commit any error of law resulting in an error in the decision occasioning failure of justice in passing the judgment a..Category: Property Law | Date: | Hits: 49
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....efendant No.25 and defendant No.27 failed to bring on record any material in support of the plea that the property in question was an enemy property; the learned Courts below have caused failure of justice by holding that the same is enemy property although, in fact, there is nothing on record f......tten statement denying all the material allegations stating, inter alia, that the recorded owners of the suit property Guru Doyal and Ram Charan Chakraborty left this country in 1965 for India and accordingly, the property was declared as enemy property. The plaintiff created a forged agreement ......: Khurshid Alam Khan, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. None represented —The Respondents. Civil Petition for Leave to Appeal No.1674 of 2007. (From the judgment and decree dated the 29th day of August, 2007 ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ..Category: Property Law | Date: | Hits: 22
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......, PS Gulshan, Dhaka since July, 2003 till November, 2003 and meanwhile she became acquainted with accused Mahbub Alam Nizam. Accused Mahbub Alam Nizam wanted to marry the informant Sonia Akhter and accordingly he gave proposal but the informant initially refused the same. Informant Sonia Akh......-on-Record—For the Petitioners. Md.Nawab Ali, Advocate-on-Record—For the Respondent No. 1. Not Represented—For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 45 of 2008. (From the judgment and order dated 2-12-2007 passed by the High Co......and perused the connected papers. We are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This C..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......e defendant No. 1, the eldest brother of the plaintiffs was entrusted with the management of the same which he would discharge through the appointed Manager and they would share the rent according to their respective shares. The plaintiffs thereafter demanded partition by metes and bou......Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 1794 of 2007. (From the judgment and order dated 1-10-2007 passed by the High ......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ..Category: Property Law | Date: | Hits: 22
Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......e High Court Division upon correct assessment of the legal position and materials on record arrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......, 2009. Lawyers Involved Md. Abdun Nur, Advocate-on-Record—For the Petitioners. Md. Nawab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 1682 of 2008. (From the judgment and order dated 9-6-2008 passed by the High C......in their previous post and position and it is practically impossible to carry out the Judgment and order of the High Court Division. He lastly submits that the case involves important questions of law of public importance as to the interpretation regarding regularisation of Government servants a..Category: Labour and Industrial Law | Date: | Hits: 90
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......d. Lawyers Involved: Abu Shams Md. Khalequzzaman, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the......and order dated 10-6-2001. 7. Mr. Abu Shams Md. Khalequzzaman, learned Advocate-on-Record, appearing for the petitioner, submitted that the High Court Division have on misconception of law made the Rule absolute without considering the law, facts and circumstances of the case and, as ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......e Paris Convention and on the basis of the said Convention should uphold the right freely to determine and built up its social and economic upliftment by way of system and means of its own choice and accordingly submitted that any Trade Mark registered in any member State is entitled to protect the ......Tafazzul Islam J M/s. Supermax International Private Ltd...............Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR ......his appeal by leave arose to consider the submission of the learned Counsel for the appellant as under: "Mr. Rafique-Ul-Huq, the learned Counsel argue while moving this review that an error of law apparent on the face of the record has been committed in refusing to grant leave to appeal relyi..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....common properties and the auction sale was not for benefit of all concerned and since both parties are claiming possession over the suit property as co-sharers, we are of the view that ends of justice would be met if the receiver continues to remain in possession and the aggrieved party goe......The Sub-Divisional Officer (S.D.O.) directed the officer in charge (OC). Maheshkhali to make a report about the matter. The OC in his report stated that there is apprehension of breach of peace and accordingly the S.D.O. started a proceeding under section 145 of the Code of Criminal Procedure and...... (From the Judgment and order dated 26.8.2003 passed by this Division in Criminal Appeal No. 17 of 1999). Judgment MA Aziz J.- Second Party respondent Mvi. Amzad Ali and others seek to review the judgment and order dated 26.8.2003 passed by this Division in Criminal appeal No. 17 ......hip of the property as co sharers of the common property ends of justice would be met if the receiver continues to remain in possession by dropping proceeding which is contrary to the provision of law. The judgment and order of the High Court Division was set aside and that of the Additional Ses..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....ion as above and modified his second submission by urging that the aforesaid decision in Monoranjan Mukharjee's case was wrongly applied in the facts of the instant case resulting in a miscarriage of justice. 9. As far as the first submission is concerned it is found that both the Tribunals att......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610....... Mustafa Kamal J Latifur Rahman J Government of Bangladesh...................Appellant Vs. Md. Abdul Karim.....................Respondent Judgment June 4, 1995. Cases Referred to- Monoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State...... any case wrong in holding that rule 8 of the Rules of 1976 does not refer to a conviction by a Martial Law Court and it only refers to a criminal charge and conviction as provided under the ordinary law. 8. At the hearing of the appeal the learned Deputy Attorney General has pressed the First su..Category: Administrative Law | Date: | Hits: 144
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