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Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......t the time of transfer in 1979. The finding so made by the Court of Settlement being the finding of fact, the High Court Division while exercising its power of certiorari, the said Division in the absence of mis-reading or non-consideration of the materials or misconstruing the document by ...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ...... but no such application was filed and further, the issue as to on what basis the bank claimed excess money beyond the amount of loan granted being a question of fact cannot be decided in the writ jurisdiction and that the bank prayed for decree for an amount of Taka 2,23,80,407.74 due as on 30-..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......hout entering into the merit of the revisional application rejected the same holding that since the valuation of the suit is above Taka 5,00,000 the District Judge does not have the pecuniary jurisdiction to entertain the revisional application under section 115(2) of the Code of Civil..Category: Civil Law | Date: | Hits: 77
Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....or infirmity 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: 16 BLT (AD) (2008) 222. ......or infirmity 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: 16 BLT (AD) (2008) 222. ......ervant and his grievance as raised in the writ petition is relating to his terms and conditions of service namely his transfer and accordingly, the relief, if any, of the petitioner lies within the jurisdiction of the Administrative Tribunal and not before the High Court Division in writ jurisdic..Category: Employment/Service Law | Date: | Hits: 73
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....aded not guilty and repeated his innocence. The defence did not however examine any witnesses on their behalf. 7. The defence case as could be gathered from the trend of cross-examination is total denial and his, inter alia, case was that no occurrence took place nor any thing was recovere......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......tion, if any, paid to the ex-Zamindar or that compensation was assessed but the Zamindar did not withdraw the same inspite of being ready for payment and thereupon observed "In the absence of the same it is very much hard to believe the defence contention that the suit lands have......e appellate Court allowed the appeal and thereupon setting aside the judgment and decree of the trial Court dismissed the suit. 8. The plaintiffs moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division made the Rule absolute upon observing that ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
....s corrected by the subsequent Gazette Notification dated November 6, 1986 and by the subsequent Gazette Notification it has been inserted that in the Gazette Notification of August 11, 1983 as regard total quantity of land acquired of plot No. 1009 .51 acre is to be written in place of .45 acre of l...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..Category: Property Law | Date: | Hits: 31
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......mmitted error in discharging the rule. Referring to Section 27(6) of the Special Powers Act, the learned Advocate submits that the Special Tribunal had no jurisdiction to try the petitioner in his absence without complying with the requirement of Section 27(6) of the Special Powers Act. H......ence and as such the High Court Division committed error in discharging the rule. Referring to Section 27(6) of the Special Powers Act, the learned Advocate submits that the Special Tribunal had no jurisdiction to try the petitioner in his absence without complying with the requirement of Section..Category: Criminal Law | Date: | Hits: 24
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ...... held that pre-emptors' failed to establish their initial date of knowledge about, the transfer as claimed On January 8, 1982. Thereupon the pre-emptors moved the High Court Division in revisional jurisdiction and obtained the Rule. 5. The High Court Division on consideration of the mater..Category: Property Law | Date: | Hits: 21
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......tenant went on appeal and the appellate Court set aside the order of the trial Court. 5. As against the order of the appellate Court the landlord moved the High Court Division in revisional jurisdiction and obtained the aforementioned Rules. It was the contention of the petitioner in the ..Category: Civil Law | Date: | Hits: 104
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ...... the learned Joint District Judge, after hearing, by judgment and order dated 4.1.2005 rejected the above application and being aggrieved the petitioner moved the High Court Division in revisional jurisdiction and the High Court Division summarily rejected the same. 4. The learned counsel..Category: Civil Law | Date: | Hits: 91
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......Station, District-Kishoreganj having been elected on 04.02.2003 and he had been discharging his duty honestly and sincerely, on 31.07.2004 a meeting was held in No.10 Jalalpur Union Parishad in the absence of the petitioner. One Md. Asaduzzaman Bhuiyan presided over the meeting and a no-confidenc......our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ..Category: Others | Date: | Hits: 91
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......the appellate court allowed the appeal and set aside the judgment of the trial court and dismissed the pre-emption case. Being aggrieved, the pre-emptor moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was discharged. 5. We have heard Mr...Category: Property Law | Date: | Hits: 19
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ...... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......, however, submitted that no consideration being made regarding the vires of Government Servant (Discipline and Appeal) Rules, 1985 as pleaded in the case, the High Court Division acted without jurisdiction in deciding the case disregarding the decision in the case of Mujibur Rahman reported..Category: Employment/Service Law | Date: | Hits: 62
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ...... should be heard simultaneously. The, learned Druta Bichar Tribunal by its order dated 21-11-2004 rejected the said application for analogous hearing on the ground that the learned Tribunal lacked jurisdiction to try the G. R. Case No.102 of 2002 along with Druta Bichar Case No.22 of 2004. ..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......m of title in the land in suit did not place any paper before the Court, that plaintiffs have no title in the land in suit. 6. The plaintiffs then moved the High Court Division in revisional jurisdiction and obtained the Rule. It was contended from the side of the plaintiffs before the Hig..Category: Property Law | Date: | Hits: 22
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ...... mental complications and the respondent, who at that time serving was as the Executive Engineer of 71 Magawat Gas Tubins Electric Project at Bagabari, was absent from his residence and during his absence the victim committed suicide and the respondent has been falsely implicated out of mere sus......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
.... therein Inspector General of the Police along with others were in the category of Respondents. As stated hereinbefore that the Metropolitan police personnel and the Inspector General of Police in total disregard of the direction of the Ministry of Home Affairs did not make over possession of th...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ..Category: Property Law | Date: | Hits: 28
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ...... 27 for the proposition that aforesaid circulars have the force of law. The said decision is in fact for the proposition that: "We see no reason why in our country as well the void created by the absence of law and rules under Article 133 cannot be filled up by executive power under Article 55(2......cle 133 cannot be filled up by executive power under Article 55(2) expressed to be taken in the name of the President (Article 55(4). Such exercise of power is not unknown or without precedent in our jurisdictions. Referring to section 241(3) of the Government of India Act, 1953 and Article 178 of t..Category: Administrative Law | Date: | Hits: 136
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......blank stamp papers allegedly singed by proforma-defendant No. 2 and allegedly given by proforma-defendant No.2 to defendant No.1 as security of the loan money. The courts below held the conspicuous absence of such a vital statement in the plaint clearly proves that it is an after thought and as ......revisional application and obtained Rule. The High Court Division made the Rule absolute. 5. Leave was granted to consider the submission that the High Court Division exceeded its revisional jurisdiction in setting aside the concurrent findings of facts arrived at by the courts below with..Category: Property Law | Date: | Hits: 25
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