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Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......wer of attorney on her behalf the brothers of respondent No. 4 executed and registered the sale deed in favour of the appellants and as such the sanction for a building plan was approved under questionable circumstances. Respondent No.1 contended that there was a clause in the sanction ......ction filed an objection petition before the RAJUK for cancellation of the plan and RAJUK on hearing the parties temporarily suspended the plan till disposal of the pending suit. Thus, in the facts of the case it is difficult to say that RAJUK usurped the power of the civil court and there&..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......inst the impugned judgment of the High Court Division. After hearing the parties this Division allowed the same by its judgment and order dated 7-12-1998 and holding inter alia, that the deposit in question made by the present respondent No. 2-SABINCOisaloanas defined in the Artha Rin Adalat Ain......sion and also other relevant papers connected in the subject matter of the suit. He has firstly contended that the High Court Division has committed an error of law in not considering the facts of the case and without applying its judicial mind wrongly discharged the Rule because of th..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......ing writing the final order of punishment and the sweeping observation of the Tribunal below to the effect has no illegalities have been committed in the proceeding is not warranted by the facts. In view of what has been stated above we are inclined to held that the learned Tribunal has..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ...... No.1 was not entitled to claim two years ante-dated seniority on the ground that he participated in the liberation war and accordingly the seniority, which was granted on misrepresentation of facts and on misgivings, was rightly cancelled. 9. As it appears, the Administrative Appell..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......pellant was also not convicted for smuggling under section 25(2) but for hoarding under section 25(1) of the Special Power Act. Mr. Sobhan further submits that at the time of seizure of the salt in question there was no ceiling whatsoever prescribing the quantity of salt' which one could keep in ......gs of salt was found in the house of the appellant but the prosecution did not produce any order to show that at the time of seizure he was not entitled to keep 600 kgs of salt. 14. The facts of the decision reported in 27 DLR 309 cited by the learned Additional Attorney General are ..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......wed legally and as such it is necessary to review the judgment there being serious error in it. 5. We have perused the judgment and order of this Court. It appears that this court considered the facts and materials on record and the contention made on behalf of the petitioner that the High Cour..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......secution examined as many as 5 witnesses and the defence examined none. The learned Magistrate on consideration of the evidence on record convicted the accused Abdul Latif @ Hanif executant of the questioned document and attesting witnesses including the present petitioner under Section 465/109 ....... 415 of 1987 convicting the petitioners and two others under sections 465/109 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 1 (one) year. 2. Short facts are that on 28.09.1987 the Complainant-opposite party-respondent No. 2 brought C.R. Case No. ..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......tation if so advised against the appellants under Section 465/109 of the Penal Code and the further submission that the procedure adopted by the Division Bench of the High Court Division involves a question of public importance as to administration of justice. 5. We have heard Mr. Ab...... order dated 09.01.1997passed by a Division Bench of the High Court Division in Civil Miscellaneous Case No. 18 of 1996 disposing of the Rule with some directions and observations. 2. Short facts are that respondent Nos. 1 and 2 who were employees of the Supreme Court of Bangladesh (High ..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......in cash or account' secured or unsecured, whether ascertained or ascertainable arising out of such obligation expressed or implied. 6. Lengthy submissions was made by both sides on disputed question of facts like whether on the death of Haladhar Chandra Dey the proprietor of M/S H. Dey Je......account' secured or unsecured, whether ascertained or ascertainable arising out of such obligation expressed or implied. 6. Lengthy submissions was made by both sides on disputed question of facts like whether on the death of Haladhar Chandra Dey the proprietor of M/S H. Dey Jewellers and ..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......intiffs have no right and title in the suit land. The suit is liable to be dismissed. That the learned Assistant Judge after conclusion of the hearing of the suit and on proper consideration of the facts and circumstances of the case and the evidence on record by his judgment and decree dated 3...Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......ified in making the order of remand instead of disposing of the appeal on merit, particularly when the parties before it never made any prayer for remand. 8. This Division in the background of the facts on the record observed that it can altogether be not said that the High Court Division was n..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......f the two courts below and also the submission that the learned Single Judge of the High Court Division has ignored the elaborate discussions and findings arrived at by the trial Court on the question of execution of the patta upon comparison of the signatures of defendant Nos.1 and 2 in th......y leave is directed against the judgment and order dated 13.08.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of t..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......he probate case, however, is sent back to the original court, for hearing the same afresh in accordance with law by giving opportunity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case......oration of the appeal to its file and number upon vacating its' earlier order dated 9.11.1999 granting probate. 6. We have heard the learned Counsels of both parties and upon considering the facts and circumstances of the case and the impugned judgment and order of the High Court Division..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......l by leave is directed against the Judgment and Order dated 13.12.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 4348 of 1999 discharging the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, D..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......hat PDB is not under obligation to issue the work order to the petitioner for the next phases in view of the resolution of the PDB noticed by the High Court Division and that it is the PDB who can question the direction given by the High Court Division while disposing of the writ petition. ......ffered to the Respondent No.1 and another contractor who were found technically responsive in case they are agreeable to execute the work at the said rate. 10. In the background of the facts stated hereinbefore we are of the view that High Court Division in making the Direction to th..Category: Procedural Law | Date: | Hits: 83
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......nst the judgment and order dated 22.6.1999 passed by the High Court Division in writ petition No. 3968 of 1998 rejecting an application for addition of party filed by the appellant. 2. The facts leading to the leave petition are that the appellant filed an application for adding him as r..Category: Procedural Law | Date: | Hits: 78
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......t of fact having rightly reversed the findings of the trial court, the High Court Division sitting in the revisional jurisdiction has committed an error of law in setting aside the findings of facts arrived at by the lower appellate court with cogent reasons upon sufficiently discussing the ..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......5;দ্দিকী) রেজিস্ট্রার। Article 49. (1) No election shall be called in question except by an election petition presented by a candidate for that election in accordance w......ractice" or an "illegal practice" within the meaning of Chapter VI. Article 51. (1) Every election petition shall contain- a precise statement of the material facts on which the petitioner relies: full particulars of any corrupt or illegal practi..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......the impugned documents, arrived at a finding that those documents are genuine having been executed by Debendra Chandra Sharma himself on receipt of consideration money for the transfer in question. It is argued that the learned judge of the High Court Division committed an error of law ......e Title Appeal No. 284 of 1990 and reversing those of dated 20.10.1990 passed by the learned Assistant Judge, Sadar Comilla in Title Suit No. 448 of 1987 decreeing the same. 2. The relevant facts, in brief, are that Debendra Chandra Sharma father of the present respondents instituted the ..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......in J. - This appeal by leave is directed against the judgment and order dated 26.02.1997 passed by the High Court Division in Criminal Appeal No. 706 of 1996 dismissing the appeal. 2. Short facts are that informant was married to one M. A. Malik on 11.10.1991. On 28.02.1993, the info..Category: Criminal Law | Date: | Hits: 64
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