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S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......n Ad-hoc Managing Committee suspending the elected Managing Committee of the Samity was illegal and without jurisdiction. He further submits that the High Court Division also committed an error of law in failing to appreciate and consider that the said memo dated 25.2.2007 constituting an Ad-hoc..Category: Civil Law | Date: | Hits: 126
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......ife and the finding is based on evidence. 8. In the above facts and circumstances of the case, we are of the view that the learned Counsel for the petitioner could not point out any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is d..Category: Family Law | Date: | Hits: 188
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......;tion Nos. 955 of 2005, 3186 of 2004, 2183 of 2004, 3362 of 2004 and 4339 of 2004 making the Rules absolute. 2. As the facts of the writ petitions were more or less same and the question of law involved in the writ petitions was common, the aforesaid writ petitions were heard simulta..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....edules, i.e. 'Kha' and 'Ga' schedules on the basis of alleged auction purchase, it was their obligation under the law to establish that they purchased the land in auction upon due compliance of the provisions of law. 22. It is seen from the materials on record that the defendants failed to...... and possession in the land in suit described in the schedule attached to the plaint and are entitled to a decree and whether the judgment and decree of the trial Court is sustainable in the eye of law. 9.The Appellate Court took up the second point for consideration first and upon conside..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....illegal on the ground that the plaintiff-respondent No.1 being himself a certificate debtor along with other defendants the auction-sale of the 'C' schedule land was illegal being violative of the provisions of the Public Demands Recovery Act. 6. The trial Court vide judgment and decree d......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)
....ned up to raise objection in respect of inclusion of the case property in the list of abandoned buildings and the Court of Settlement also failed to apply his judicial mind to consider the relevant provisions of President's Order 16 of 1972 and Ordinance LIV of 1985. 3. The High Court...... 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)
....at since the writ petitions are silent about the stage of the proceedings in the Court below and since the offences disclosed in the aforesaid two first information reports are cognizable under the provisions of section 28(Ka) of the Anti Corruption Commission Act, 2004, the filing of the writ p......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)
....d that the High Court Division failed to appreciate and discuss the notice/showcause issued to the petitioner for revocation or cancellation of the petitioner's license in compliance with the provisions of Section 11 of the said Marriage and Divorce Registration Act, 1974 read with rule 8 o......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
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....10.8.2005 issued by the Director, Bureau of Mines and Minerals Development, the respondent No. 2, refusing to renew the lease of the pathor mahals granted in their favour for further period as per provisions of the Mines and Minerals Rules 1968 as amended upto 1995 and also in terms of the lease......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..Category: Others | Date: | Hits: 101
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
.... dated 5.8.2000, is trying to hand over the power supply lines of the petitioners to Rural Electrification Board, the Board, and the above memo, if implemented, would be a complete violation of the provision of the President Order No. 59 of 1972 and the petitioner will incur huge loss because rat......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)
....Rule absolute observed 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. ......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)
....er Which is a 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 ...... 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
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