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Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......tion-sale of the said land in favour of the plaintiff on the ground that the auction -purchase of the land by the plaintiff was invalid as the plaintiff as a certificate-debtor was not permitted in law to auction-purchase the said land. Further the plaintiff could not prove that he got delivery ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......given in the cause-title of the suit was wrong but in spite of this position the learned Subordinate Judge as well as the learned Single Judge of the High Court Division committed an error of law resulting in an error in the decision occasioning failure of justice in making out a third case..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......ooking cogent evidence against the accused respondent the High Court Division passed the impugned judgment in a very slipshod manner which according to us is perverse and cannot sustain in the eye of law. We are, therefore, unable to affirm the judgment of acquittal passed by the High Court Division..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere 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: 14 BLC (AD) (2009) 19. ...... the respondent No. 1 filed writ petition challenging the above judgment and order stating, inter alia, that the case property being an abandoned property vested in the government by operation of law and the petitioner completely failed to establish her claim in the case property and further, t..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... initiated and is being continued without lawful authority. The learned Counsel finally submitted that the President of the Republic of Bangladesh promulgated Ordinance No 6 of 2007 dated 16-4-2007 amending the said Ordinance by inserting a new section as sub-section 3Ka of section 3 of the said O......read the judgments by my brothers Mohammad Fazlul Karim, J and Md. Joynul Abedin, J. I agree with the 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 th..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. ......ed that the respondent No.1 raised no written objection to the Returning Officer or the Presiding Officer for recounting the ballot paper at the time of counting votes. It is now settled principle of law that in order to make out a case for recounting the person who challenges the counting has to pr..Category: Election Law | Date: | Hits: 159
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....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. ......ses as may inspire confidence in the mind of the Court, but in the present case, there is no independent corroboration of evidence and as such the learned Judges of the High Court Division erred in law in holding that the accused-petitioners guilty for the offence charged and thereby came to an ..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. ......said Marriage and Divorce Registration Act, 1974 read with rule 8 of the Marriage and Divorce Registration Rules, 1975 and as such, the impugned order and appointment of respondent No. 5 is unlawful and thus committed illegality and it merits deserves interference of this Court that the pet..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. ......ent proceeding is barred under Article 23(4) of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 and the rent were not deposited with the House Rent Controller in accordance with law. The further case is that the petitioner has defaulted in making deposit of the monthly rent w..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. ......ensation. 4. The petitioner contested the said Labour Case by filing written statement denied the material allegations made therein and contended, inter alia, that the case was not maintainable in law, it was barred by law of limitation, estoppel, waiver and acquiescence and the case is also no..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. ......ourt, 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 plaintiff has faile..Category: Property Law | Date: | Hits: 23
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. ......per schedule IV of the Electricity Act, 1910 the Board, as a distributing licensee, has to buy electricity from P.D.B which is a generating body and P.D.B, as a bulk licensee, is permitted by law to sell electricity to the Board and other distributing agencies and that the area concerned is..Category: Civil Law | Date: | Hits: 119
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......s of the schedule property. 3. Bhula Sheikh, son of Badia Sheikh sold out 90 decimals of land from C.S. Plot No. 1609, 1611 and 1624 of the schedule to the plaintiff and his sister-in-law Rahiman Nessa on 21.12.1953 being sale deed No. 23725 and delivered vacant possession to them o..Category: Property Law | Date: | Hits: 28
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
.... 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. ......rved that in case authorities take decision to requisition and acquire the land of the writ-petitioners then the authority would be competent to do the same in accordance with the provision of the law relating to the matter of acquisition and requisition of land in force. 3. Facts in shor..Category: Property Law | Date: | Hits: 56
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. ...... revenue Court and any cognizance without complaint from that revenue Court is illegal. It is submitted that the judge of the High Court Division failed to appreciate the mandatory provision of law as laid down in section 195(l)(c) of the Code of Criminal Procedure. The learned Advocate subm..Category: Criminal Law | Date: | Hits: 45
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. ......diction and so the writ petition is not maintainable. We are of the view that the High Court Division on correct assessment of the evidence on record and applying the correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. ..Category: Civil Law | Date: | Hits: 78
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......he Nari-O-Shishu Daman Ain, 2000 mentioning the names of the petitioners as alleged victims in violation of their fundamental rights, rights to liberty, freedom of movement, right to protection of law and right to be treated in accordance with law as guaranteed under Articles 27. 31, 32, 36 and ..Category: Criminal Law | Date: | Hits: 41
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......al on the following terms: "Mr. A. J. Mohammad Ali, the learned Additional Attorney General appearing on behalf of the petitioners, submits that the High Court Division erred in law in entertaining the writ petition inasmuch as the petitioner being a government servant the ..Category: Employment/Service Law | Date: | Hits: 104
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ...... applied for registration of the mark and that mark was registered under registration on No. 31244 on 15.08.1990 and subsequently in 1997 it has been renewed for another period for 15 years as per law. The further case of the appellant is that seeing the popularity of the mark of the appellant, ..Category: Intellectual Property Law | Date: | Hits: 172
Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
.... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ......The High Court Division made the Rule absolute on the finding that the learned Advocate appearing for the opposite party i.e. petitioner herein, could not satisfy the Court under what provision of law the trial Court on the prayer of the opposite party in the Arbitration Miscellaneous case conve..Category: Alternative Dispute Resolution | Date: | Hits: 222
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