Search Options
Judgment Advanced Search
Displaying 5261-5280 of 7133 results.
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......oynul Abedin J Md. Abdul Matin J Md. Kamal Hossain..... Appellant Vs. The Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantile Bank Ltd. Vs. Sardar Kishan Singh, AIR 1963 Punjab 230. Lawyers Involved......rder dated 10th March, 1999. 4. Being aggrieved the writ petitioner preferred Writ Petition No.1526 of 1999 before the High Court Division to have the said order declared to have been made without lawful authority. 5. Leave was granted to consider the submission that the High Court Division m..Category: Civil Law | Date: | Hits: 92
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... B. M. Bayezid, the learned Advocate appearing for the petitioner, submits that the High Court Division failed to sift the evidence on record and arrived at a decision which has caused miscarriage of justice. He further submits that the High Court Division did not consider the defence case and as su...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..........................Respondent Judgment May 4, 2008. Result: The Jail Petition is dismissed. Lawyers Involved: A.B.M. Bayezid, Advocate-For the Petitioner. Mohammad Ali, Deputy Attorney General-For the Respondent. Jail Petition No. 07 of 2007. Judgment Md. Hassan Ameen ...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..Category: Criminal Law | Date: | Hits: 47
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......d as such by notification dated 18.1.1986. 14. The learned Additional Attorney General, however, put much emphasis on memo dated 15.12.1985 (Annexure '3' Page 185 P.B.) by which, according to him, the Government finally made its decision known in respect of after clarifying the...... Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J The Director General, NSI............Appellant Vs. Sultan Ahmed...........................Res......gally and rightly absorbed as surplus officer like Shahadat Hossain and he cannot be treated to have been appointed afresh as a retrenched officer. The respondent is entitled to equal protection of law and should be treated in the same manner as in the case of Shahadat Hossain. The respondent pr..Category: Employment/Service Law | Date: | Hits: 119
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. ......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. ......sp; Syed JR Mudassir Husain CJ. - This appeal arises out of leave granted by this Division on 17-42002 in Civil Petition for leave to Appeal No. 366 of 2002 against the judgment and order dated 9-2-2002 passed by a Division Bench ...... Petition No. 3123 of 1999 discharging the Rule. 2. The appellant Eastern Bank Limited filed the above writ petition stating, inter alia, that it is a banking company incorporated under the law of Bangladesh, it was established in the year 1992 by the Bangladesh Bank by a Gazette Notifica..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. ......ot considering that Rule 7(1)(b) of the Rules gives 10 working days of submissions of reply but in the present case the enquiry officer was appointed even before expiry of 10 working days and accordingly the Administrative Appellate Tribunal took this fact into consideration rightly he.......................Appellants Vs. Sheikh Munsur Rahman.....................Respondent Judgment July 14, 2004. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Abul Kalam......he Administrative Appellate Tribunal acted illegally in allowing the appeal and that charge of corruption having been leveled in the charge sheet the Administrative Appellate Tribunal erred in law in finding that there was no charge of corruption in the charge sheet. The learned counsel..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. ......esume his duties under the Pakistan Government and so the respondent 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 r......p;….. Appellants Vs. Abdul Mannan Lasker and another .......Respondents Judgment March 23, 2004. Lawyers Involved: A.J. Mohammad Ali, Additional Attorney General, instructed by Ataur Rahman Khan, Advocate-on-Record-For the Appellants. Md. ......s respondent No.1 failed to show that he was associated with the liberation movement in 1971 and the learned Advocate next submits that the Administrative Appellate Tribunal committed an error of law in considering the alleged certificate dated 25.9.93 showing respondent No.1 as a freedom..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. ......by clause 7 of the Food stuffs Price Control and Anti-Holding Order, 1953 fixed the maximum limit of retention of salt providing that a person, who is a retailer, may retain 150 mounds of salt and accordingly since Nikunja Behari was not found in possession of any quantity in excess of the quant......p;……………...Appellant Vs. The State...........................................Respondent Judgment April 6, 2004. Case Referred to- Nikunja Bihari vs. Special Tribunal, 27 DLR 309. Lawyers Involved: Abdus ......cause the state failed to exhibit any ceiling regarding quantity of salt and as such the conviction and sentence of the accused appellant under section 25(1) of the Special Powers Act is bad in law as such liable to be set aside by this Court." 5. Mr. Abdus Sobhan, the ..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....rough the impugned judgment and order passed by this court and summits, inter alia, that non-consideration of the relevant evidence by this court in passing the judgment has caused a miscarriage of justice and that inconsistency in the evidence of prosecution witnesses has not been considered by......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. ........Petitioner Vs. The State...............................Respondent Judgment June 26, 2004. Result: The review petition is dismissed. A review is never meant nor can be allowed to be utilized as another opportunity for rehearing a matter which has already been closed by a fi......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. ..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. ......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. ...... MM Ruhul Amin J.- Petitioners are seeking review of the judgment dated 19.07.2003 passed by this Division dismissing the Criminal Petition for leave to Appeal No. 108 of 2003 which was filed challenging the judgment and order dated 24.03.2003 passe......betment of commission of forgery by them. He further submitted that the petitioners were not examined under Section 342 of the Code of Criminal Procedure which is the mandatory requirement of law and as a result the trial has been vitiated. He further submitted that the accused petitioner N..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....er section 476 of the Cr. PC. is unnecessary. 3. The High Court Division having come to this conclusion however held that the allegation is most serious in nature and the Court must see that justice is done. The Division Bench, therefore, held that the respondents may lodge an F.I.R w......also passed an order on 04.12.1996 directing the District Judge, Munshiganj to send the entire records of a Civil suit disposed of by Mr. A. K. Mohammad Hossain as Subordinate Judge, Munshiganj and accordingly records of Artha Rin Suit No. 9 of 1995 disposed of 12.05.1996 was sent to the Division...... Md. Anwarul Islam being dead his heirs Most. Afroza Begum & others....Respondents Judgment July 26, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal H. Khan, Additional Attorney General with him) instructed by B. Hossain, Adv...... charge sheet is to be submitted. In the instant case the High Court Division itself gave direction to lodge F.I.R. under Sections 465/109 of the Penal Code and there by committed an error of law. Mr. A. B. Taz Mohammad could not place any convincing argument in support of the judgm..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. ......ication of the State Bank of India was misconceived in so far as the order for grant was required to be revoked before the order dated June 12, 1978 could be reconsidered. The application was accordingly rejected. The petitioner being aggrieved has moved the revisional application before t......Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State B...... of attorney given by him in favour of by Mr. Lutfor Rahman Sarder was genuine. The High Court Division found these facts in favour of the appellant. We will confine ourselves purely to question of law whether on the facts whether the appellant could ask for succession certificate of the jew..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
.... as the trial Court did not comply with the order of remand and did not serve any notice to the plaintiff respondent to appear before that court and the Hon'ble High Court Division for the ends of justice passed the order of remand for both the parties and the High Court Division did not commit ......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. ......bsp; Md. Tafazzul Islam J.- This appeal by leave arises out of the leave petition granted by this Court in Civil Petition for leave to Appeal No. 1315 of 1999 against the judgment and order dated 20.7.1999 passed by a Single Bench ...... this Hon'ble Court on the following amongst other. 3. The learned counsel appearing for the appellant submits that the learned Single Judge of the High Court Division committed an error of law in sending the suit back on remand to the trial court on the ground that the order of remand pa..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....owed by the High Court Division upon observing since another suit for specific performance of contract in respect of the land which is the subject matter of the Title Suit No. 50 of 1984 is pending justice would best be met if both the suits i.e. Title Suit No. 50 of 1984 and Title Suit No. 39 of ...... 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. ......filed against the judgment and decree dated January 16, 1997 of a Division Bench of the High Court Division passed in First Appeal No.1 of 1988 allowing the appeal and thereupon sending the suit back to the trial Court for disposal with Title Suit No.39 of 1933. 2. The first appeal was filed agai......sion ought not to have made the order of remand suo moto. The learned Counsel further submits that this Division as well as the High Court Division in allowing remand against the settled principle of law as regard remand advanced the cause of the plaintiffs who failed to discharge their onus. In ..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. ......sses examined by the plaintiffs to prove their possession are disinterested witnesses, whereas the witnesses examined by defendants to prove their possession are highly interested persons and accordingly their evidences were disbelieved regarding possession of the defendants in the sui......tion that they are the owners of the disputed land and that the enlistment of the suit property as vested property is illegal stating inter alia, that the disputed property originally belonged to Upendra Nath, Charu Bala, Sabitri, Uma Charan, Radhakanta, Laxmi Kanta, Amullya Ratan and Gopal ......rts below while arriving at their findings of facts in respect of title and possession of the plaintiffs in the disputed property and the learned Single Judge has thus fallen into an error of law in passing the impugned judgment. 7. We have heard Mr. Parimal Chandra Guha, 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. ......r dated 04.11.1999. But in the compromise petition before the High Court Division on 18.11.1999 it was stated that the parties being relatives, on the advice of their common relatives and according to the instruction of their common well wishers the parties have compromised the ma......robate upon the disputed will and thereby setting aside the judgment and order dated 20.05.1996 passed by the Additional District Judge, 1st Court, Barisal in Probate Case No. 02 of 1992, refusing to grant probate of the last will of Trilakha Nath Roy made in favour of the respondent No.1 Swaras......consider the grievance of the petitioner whether the High Court Division has jurisdiction to grant the Probate merely on the consent of the parties without the will being proved in accordance with law. 5. It is noticed that the appellant filed an application before 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. ......y;lord and the landlord asked the defendants to pay the rent for the month of January, 1994 along with the rent for the month of February, 1994 as printed rent receipts were not available and accordingly defendant offered rent for the months of January and February, 1994 on 01.03.1994 but t......ding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plaintiffs as his landlord. Younus Chandana stopped payment of rent since May 1974 and he also inducted defendant No.1 and one Altaf Hossain as ......iable to be evicted. 21. In the facts and circumstances of the case and in the light of the discussion made above, we are of the view that the High Court Division committed an error of law in not holding that the nature and character of the tenancy has been changed with the formation..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. ......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. ......an J Md. Fazlul Haque J M/s Micro Electronic Limited...........Petitioner Vs. M/s Rahimafroz Batteries Limited and other...........Respondent Judgment October 28, 2002. Lawyers Involved: Syed lshitaq Ahmed, Senior Advocate, instruct......etitioner was responsive, in favour of the present petitioner (Respondent No. 4 in the writ petition) seeking declaration that letter of intent has been issued in favour of Respondent No.4 without lawful authority and that letter of intent issued in favour of Respondent No.4 be cancelled or with..Category: Procedural Law | Date: | Hits: 83
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
.... in possession of the said shop by virtue of inducting him into possession by the Dhaka City Corporation. The rejection of the prayer for adding him as a party has caused serious miscarriage of justice. In view of the pending litigations between the parties in the civil court and in the writ......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. ......uhul Amin J KM Hasan J Md. Fazlul Haque J Abdul Wahab........................Appellant Vs Khoka Miah.........................Respondent Judgment October 21, 2002. Lawyers Involved: Serajul Islam Khan, Advocate, instructed by Md. Aft......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. ..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. ................Appellants Vs. Abdul Hakim..................................Respondent Judgment July 13, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Naima Haider, Assistant Attorney General with him) instructed by B. Hossain Advocat......of appeal below being the final court 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 reas..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....ay think fit. (5) The High Court Division shall not adjourn the trial of an election petition for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice. (6) The High Court Division shall try an election petition as expeditiously as......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.) ......bsp; Syed JR Mudassir Husain J.- This is a Certificated appeal, in view of the provision in Article 62(3) of the Representation of People's Order, 1972 (hereinafter referred to as the order), against the judgment and order passed by the High Court Division on 20th and 21st...... Supreme Court and the provisions of Articles 49, 50, 51, 57 and 58 of the Representation of the People's Order, 1972 (P.O. No. 155 of 1972) as amended- Article 107. (1) Subject to any law made by Parliament the Supreme Court may, with the approval of the President, make rules for ..Category: Election Law | Date: | Hits: 312
31133112310931073106310531043103310231013100309730963095309430933092309030883087