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Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......llusive and the suit is liable to be dismissed with cost. 5. A.K.M Shafiqul Alam, learned Advocate appearing for the petitioners submits that the High Court Division due to misconception of law as well as facts passed the impugned judgment and order which is liable to be set aside in the ..Category: Property Law | Date: | Hits: 21
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......arties were posted in different garden as tappers. The first parties served continuously for more than six months and as such, they became permanent tappers automatically by operation of law. The second parties were not treating the first parties as permanent and they were not giving t..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......t the plaintiff had no title and possession in the suit land. 4. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to exercise the jurisdiction vested in him by Section 115(1) of the Code of Civil Pr..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....sion committed error of law in allowing the appeal and thereby setting aside the judgment and decree passed by the trial Court without averting the findings of the trial Court as per mandatory provisions of Rule 31 of order XXXXI of Code of Civil Procedure and as such, the impugned judgment ......nt-respondents did not repay the amount due to the plaintiff bank. The cause of action for the suit arose lastly on 24.04.1997 and as such, the plaintiff bank has been forced to take the shelter of law for recovery of its good money amounting to Tk. 2,56,28,277.00 together with up-to-date interes..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....han, learned counsel for the appellant has raised three-fold contentions. In the first place, he has contended that the view of the High Court that no further confirmation was required as against the provisions of sections 19 and 20 of the Pakistan (Administrations of Evacuee Property) Act, 1957. Se......ghter of Lala Lachhman Dass. In 1940, she embraced Islam and married Dr. Zahiruddin Alvi. At the time of partition, Dr. Zahiruddin Alvi was posted at Larkana as District Health Officer. His mother-in-law and brother-in-law were also staying with him. They embraced Islam and started residing with res..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....; amend or vary the Bangladesh Civil Service Recruitment Rules, 1981 made by him in exercise of Article 133 of the constitution by overlooking the provisions of section 21 of the General Clauses Act which clothed him with power to amend such Rul......fication of the ad-hoc appointees and were thus arbitrary and discriminatory. On appeal, the Appellate Division observed that classification is not class legislation. The term "equality before law" should not be interpretated in its absolute sense to hold that all persons are equal in a..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
.... the customs authority legally assessed and realised the customs duty on the aforesaid goods of the writ petitioner on the basis of the tariff value as fixed by SRO dated 16.8.1988 as per provision of section 30 of the Customs Act inasmuch as the writ petitioner is to pay the duty ......izanur Rahman, the Appellate Division also reviewed its decision in the case of Mostafizur Rahman Vs. Government of Bangladesh and others, 51 DLR (AD) 40 and rectified the same in the light of the law laid down in the aforesaid case of Mizanur Rahman. 8. In the case in hand, the question..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
....n Ahmed who was the President of the said Committee. The petitioner has been performing the affairs of the Waqf Estate as Mutwalli smoothly, honestly sincerely, actively and in accordance with the provisions of the Waqf Ordinance, 1962. The petitioner by way of two registered Waqf deeds dated 08......rticle 102 of the Constitution and obtained the present Rule. 3. Mahbubey Alam, learned Counsel, appearing for the petitioner submits that the High Court Division Committed an error of law in holding that the petitioner if has any grievance against such appointment he could prefer ap..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ...... the petitioner's rights and expectations by virtue of the lease deed along with the design map of the area at the time of the granting of the petitioner's lease. That the respondent Nos. 1-2 have no lawful authority to change the lay out plan except in accordance with law; the lay out plan prepared..Category: Property Law | Date: | Hits: 36
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...Category: Constitutional Law | Date: | Hits: 233
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....she is allowed to leave the Port. Under section 24 the Port Authority has, however, been invested with the power of remission of tolls, dues, rates, or charges in special cases. We find no provision in the Ordinance which empowers the Court to exempt any vessel from payment of her dues ......has to pay huge amount of interest against the said amount of bank guarantee. The learned Counsel further submitted that the learned Judge of the High Court Division committed a gross error of law occasioning failure of justice in finding that the port dues is to be paid not out of the sale ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
.....1 giving opportunity to surrender the tenancy within 31-10-2007. It was further stated that there were various items of cloths in the shop and the same would be damaged and there was also no provision for attachment of the property when the respondent-opposite party No. 1 had been running ......ead Office at Chittagong is owner of the disputed Shop No.9 situated, at Niaz Monjil, 922, Jublee Road, KotwaJi, Cnittagong. The respondent-opposite party No.1 Mohammad Dastagirul Haq was an unlawful occupant of the case shop and was a well known terrorist in Chittagong. It was also stated t..Category: Criminal Law | Date: | Hits: 32
Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)
....ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ......shy;er inasmuch as the allegations do not attract the mischief of section 25(B) of the Special Powers Act, 1974 and thus the charge framed against the accused petitioner is not maintainable in law. 6. We have heard the learned Advocate for the petitioner and considered the connect..Category: Criminal Law | Date: | Hits: 34
State Vs. Md. Rafique, 2007, 36 CLC (AD)
....at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......i Akanda, the learned Deputy Attorney General, appearing for the petitioner-the State, submitted that the case having been proved beyond all reasonable doubt, the High Court Division erred in law in commuting the sentence to imprisonment for life from sentence of death. He then submitted th..Category: Criminal Law | Date: | Hits: 22
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ...... General, appearing for the petitioner, submits that the prosecution having had proved the case beyond all reasonable doubts by good and satisfactory evidence, the High Court Division erred in law in allowing the appeal. He then submits that the High Court Division most illegally acquitted ..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......000/- and the balance amount would be paid in 6 equal monthly installments. The accused-appellant failed to keep his commitment as per the undertaking and thereupon the informant through lawyer served a legal notice on May 11,1998 and the accused-appellant replied to the legal notice d..Category: Criminal Law | Date: | Hits: 32
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ...... petitioner. 5. A.K.M. Shahidul Huq, the learned Advocate-on-Record appearing for the petitioner, submits that the learned Single Judge of the High Court Division committed an error of law resulting an error occasioning failure of justice in setting aside the judgment and decree..Category: Property Law | Date: | Hits: 37
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
....ile the suit was fixed for peremptory hearing, the defendant petitioner, filed an application terming the same as their "additional written statement" without mentioning therein any provision of the Code of Civil Procedure and made out a new case in the name of additional written ......re 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: VI ADC (2009) 142. ..Category: Civil Law | Date: | Hits: 106
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......cate and perused the petition and the impugned judgment and order of the High Court Division and other paper on record. 10. The learned Advocate submits that the High Court Division erred in law in reversing the finding of the court of appeal below without assessing the materials on record..Category: Property Law | Date: | Hits: 21
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ...... said Miscellaneous Case No.12 of 1997 by submitting written objection denying the contention of the pre-emptor in his petition, stating that the application for pre-emption was not maintainable in law, the same was barred by law and bad for defect of parties. The pre-emptor petitioner was not en..Category: Property Law | Date: | Hits: 25
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