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Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......al. Then on revision the High Court Division, after hearing, discharged the Rule. 3. The learned counsel appearing for the defendant/petitioners submits that the High Court Division erred in law in not considering that the plaintiff did not implead all the co-sharers in the suit; there be..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......ect of plaintiff No. 2 there is no description as to how he became a co plaintiff to get a declaration that the declaration that the suit property as debottor property; it is the settled principal of law that the Deity has a legal character and accordingly it can sue and be sued and can also maintai..Category: Tenancy Law | Date: | Hits: 147
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. ......establishment by issue of orders retrospectively and giving retirement benefits provided they had the prescribed length of service, the learned Administrative Appellate Tribunal committed an error of law in holding that the petitioner being a work charge employee is not entitled to get pension benef..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....uit filed at that stage i.e. before dismissal, being premature, is liable to be dismissed. Thereafter the plaintiff, being ultimately dismissed from service by letter dated 6.10.1999, subsequently amending the plaint sought further declaration to the effect that the order dismissal dated 6.10.19...... the above circular the defendant Bank became a commercial bank under control of the Government and 94.05% share of the defendant bank being held by the Government the High Court Division erred in law in setting aside the judgment of the courts below treating the defendant bank as an ordinarily ..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......mmon judgment and order dated 17.5.2004 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7253 of 2000, 1837 of 2000 and 1847 of 2001 discharging the Rules and common questions of law being involved in all these petitions, the same are disposed of by this judgment. 2. Crimina..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......t-in-opposition. The High Court Division after hearing made the Rule absolute. 3. Leave was granted to consider the submissions that the High Court Division not being the court of appeal erred in law in interfering with the findings of fact arrived at by the Court of Settlement and that during t..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......y evidence on record wrongly set aside the judgment of the trial Court, whether the High Court Division proceeded on the wrong premise that in deciding the suit the trial Court was not aware of the law enunciated in the case reported in 31 DLR (AD) 195, since had the trial Court was not aware of..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing the proceedings against the appe..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......strate for taking necessary actions after complying with the requirement of section 200 of the Code of Criminal Procedure apparently suspending the proceedings of the said Sessions case is tenable in law. 9. Some important facts are now recapitulated by way of reiteration in the interest of the p..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......als by leave arise out of the judgment and order dated 23.7.2000 passed by the High Court Division in Writ petition Nos.3002 and 3029 of 1999 and in both the appeals similar facts as well as point of law are involved, those were heard analogously and are disposed of by this single judgment. 2. I..Category: Property Law | Date: | Hits: 40
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......e are of the view that the High Court Division has correctly assessed the evidence and considered the facts and circumstances of the case and recorded the conviction and committed no error of law causing any miscarriage of justice in accepting the death reference in part. We find no ..Category: Criminal Law | Date: | Hits: 33
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......er the submission that while keeping the judgment reserved the impugned direction to the lower appellate court to perform some jobs which is not in siesin of the matter, is not sustainable in law and the submission that while exercising revisional jurisdiction, the High Court Division ..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......and possession in, the suit land upon reassessment of evidence without reversing the material findings and without giving any finding as to how the lower appellate Court committed an error of law within the meaning of Section 115(1) of the Code of Civil Procedure. Learned..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......No. 316 of 1988 making the Rule absolute declaring that confiscation of the vessel as well as imposing of penalty on the writ petitioners and each of the members of the crew are illegal and without lawful authority. 2. The respondent No.1 filed the above writ petition stating, inter alia,..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......r the respondent-writ petitioner filed the above writ petition and obtained the impugned order dated 17.8.2005 whereby the aforesaid order dated 8.8.2000 of the Land Appeal Board was declared without lawful authority. 7. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submit..Category: Property Law | Date: | Hits: 31
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......did not challenge the Sale Deed No. 4979 dated 22.12.1963 executed in favour of Hosne Ara and others to the extent of their shares and so the trial court as well as the High Court Division erred in law in not allowing the application dated 10.9.2001 for addition of party on an erroneous view..Category: Property Law | Date: | Hits: 24
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......n that by summarily allowing the revisional application, the High Court Division practically gave substantive relief sought in the revisional application and hence the High Court Division erred in law in passing the impugned judgment and order. 4. We have heard Mr. Md.Waliul Islam, the l..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......lected in the judgment of the Administrative Tribunal clearly show that the appeal was filed beyond the period as provides in section 6(2A) of the Administrative Tribunal Act, 1980. 14. The law as in the Act empowers the Administrative Appellate Tribunal to condone the delay in filin..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......o why the impugned action of failing to issue a permission letter in respect of the registration of the Agrani Insurance Company Limited (Proposed) should not be declared to have been taken without lawful authority and/or to be unconstitutional as being violative of the appellant's fundamental r..Category: Business or Commercial Law | Date: | Hits: 81
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......defendant No.5 contested the case by filing written statement denying material allegations made in the plaint contending, inter-alia, that the penalty was awarded in accordance with law. 4. The case was fixed on 25.05.2004 for hearing but the petitioner failed to appear bef..Category: Administrative Law | Date: | Hits: 90
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