Search Options
Judgment Advanced Search
Displaying 5381-5400 of 7133 results.
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....ord, the plaintiff. But the High Court Division should not have penalized the defendant by saddling him with a cost of Tk. 20,000/- 9. We find no merit in this petition. However for ends of justice we are exonerating the petitioner from the liability of cost of Tk. 20,000/- as direct...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Civil Petition for Leave to Appeal No.753 of 2006. (From the judgment and decree dated 25.10.2005 passed by the High...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..Category: Property Law | Date: | Hits: 26
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......writ petition holding, inter-alia, that the petitioner has no locus standi to file the writ petition and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......Lawyers involved: S.N. Goswami, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for leave to appeal No. 04 of 2007. Judgment &n......sjv‡`‡ki (†RGgwe) Nwbó †hvMv‡hvM Av‡Q e‡j Awf‡hvM cvIqv †M‡Q|Ó 3. It was submitted that the petitioner as a law abiding citizen of the Country is very much interested to see the judiciary as well as other or..Category: Criminal Law | Date: | Hits: 43
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......er without any result and since the cancellation was done without any notice, the same has been rightly held to have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (200...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 315 of 2005. (From the judgment and order dated 01.11.2004 passed by the High ......edy and corrupt officials serving under the writ petitioner constructed several slums on the plot and let out those to different unscrupulous and unruly persons having no civic sense or respect for law and very often including in quarrel and violence and thereby they are causing damage to the pe..Category: Property Law | Date: | Hits: 28
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......ourt Division in Civil Revision No.630 of 1981). Judgment Md. Ruhul Amin J.- This appeal is by the pre-emptor, by leave, is against the judgment of February 22, 1995 of the High Court Division in Civil Rev...... of the petitioner (pre-emptor), a Mason, having no cultivation and the case land as not used for the purpose connected with the agriculture or horticulture the High Court Division was in error in law in holding that the pre-emption under section 24 of the Non-Agriculture Tenancy Act is not main..Category: Property Law | Date: | Hits: 30
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......at either the learned District Judge or the High Court Division committed any illegality or error of law in rejecting the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) ......iya, Advocate-on-Record- For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For Respondent No. 3. Not represented- Respondent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 419 of 2007. (From the judgment and order dated 13.02.2007 passed by the High ......missed the Miscellaneous Case, in default, of payment of C.P. cost. 10. We do not find that either the learned District Judge or the High Court Division committed any illegality or error of law in rejecting the prayer of the petitioner. We find no substance in this petition and acc..Category: Civil Law | Date: | Hits: 85
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....e any finding upon no evidence or not considering any material evidence/ facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Division will......972 (President's Order No.16 of 1972) and the owner of the property having failed to occupy, supervise or manage the property in person the property was rightly treated as an abandoned property and accordingly listed as an abandoned property and thereupon the list has legally been published in t......AD), 166; Asma Begum Vs. Bangladesh and others (2001) 21 BLD (AD), 134; Mostafa Kamal Vs. First Court of Settlement and others 48 DLR (AD), 61. Lawyers Involved: A.J. Mohammad Ali, Attorney General, instructed by Wahidullah, Advocate-on-record- For the Appellants. Dr. Rafiq......t Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the "khas list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Governme..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
.... punishment on an employee of the Trust would not be required to serve the second show cause notice accompanying the inquiry report. We are of the view in the background of the principle of natural justice or in other words in the background of the universal principle that one should not be conde......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......Bhuiyan, Senior Advocate (A. K. Ali, Advocate with him) instructed by Nawab Ali, Advocate-on-record-For Respondent No.1. Not represented- Respondent Nos.2-3. Civil Petition for Leave to Appeal No.498 of 2005. (From the judgment dated March 16, 2005 of the High Court Division......fficer in the present case is breach of Rule 27(2) and is therefore illegal. Consequently, the inquiry proceeding leading to the submission of the inquiry report in this case is not sustainable in law and is without jurisdiction. This apart, the petitioner was not served with the second show cau..Category: Employment/Service Law | Date: | Hits: 408
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......Rahman, Advocate-on-record- For the Petitioner. Md. Aftab Hossain, Advocate-on-record-For Respondent No.1 Not represented- Respondent Nos. 2 & 3. Civil Petition for Leave to Appeal No. 1182 of 2007. Judgment &......pegoat due to the latches of the Bank authority in taking decision of the departmental appeal/review. Thus I hold that the impugned order of dismissal of the petitioner in service is not tenable in law" and thereupon set aside the order of dismissal on the finding that the said order of dis..Category: Administrative Law | Date: | Hits: 96
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......le 8. The no-confidence resolution was also legally passed by 10/2 votes under Rule 10. Thereafter, authorized officer sent a resolution to the Upazila Nirbahi Officer on 21.08.2004 within time and accordingly, the Upazila Nirbahi Officer sent the same to the Government on 22.08.2004 under Rule 1......or the Respondent No. 11. Not represented-Respondent Nos. 1-10, 12. Civil Petition for Leave to Appeal No. 1042 of 2007. (From the judgment and order dated 10.06.2007 passed by the High ......the averments made in the writ petition contending, inter alia, that after being elected as Chairman, petitioner worked against the interest of the general public; that he became involved in many unlawful activities of which he incurred displeasure of the public of the concerned Union Parishad as..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ved by and dissatisfied with the ex-parte final decree and also due to the illegal claim of Tk.1,31,69,377.06 by Mortgage Decree Execution Case No.44 of 1994 the petitioner for ensuring justice by way of legal rectification of errors committed in the final decree and also......ors or clerical mistakes and was wrongly invoked in this case by the trial court which has; been rightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......r. Mahmudul Islam, Senior Advocate, instructed by Mahbubur Rahman, Advocate-on Record- For the Respondent No. 1 Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1001 of 2004. (From the judgment and order dated 11.01.2004 passed by the High......how cause as to why the impugned order dated 21.01.1996 (Annexed as Annexure-A to the Writ Petition No.2727 of 2000) passed by the respondent No.1 shall not be declared to have been passed without lawful authority and is of no legal effect and or such other or further order or orders passed as t..Category: Property Law | Date: | Hits: 37
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......g the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge (now joint District Judge), Barguna for declaration of title to the suit land measuring 10.47 acres out of 13.14 acres of land stating, inter alia, that 14.33 ......Registry Office. Accordingly both the trial court and the court of appeal left the certified copies of the kabuliyats out of consideration, as those were not admitted in evidence in accordance with law. However, from the judgment of the trial court it appears that the trial court perused those k..Category: Property Law | Date: | Hits: 28
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....e made by a court in respect of the subject matter of the offence as a method of recovery of the same from the accuseds and restoring them to the State even in exercise of its inherent power of doing justice ex debito justitiae for which alone the court exists. 27. In such view of the matter we f......ise of its inherent power of doing justice ex debito justitiae for which alone the court exists. 27. In such view of the matter we find no substance in Criminal Appeal Nos.1 to 3 of 2001 which are accordingly dismissed. So far Criminal Appeal Nos.4 to 10 of 2001 at the instance of the State are c......ppeal Nos. 1-2 of 2001) Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant (In Criminal Appeal No.3 of 2001) Zahurul Islam Mukul, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent (In all the a......is expressly prohibited by Article 35 of the Constitution. 9. Leave was also granted to consider if the modification of sentence of seven years to fine by the High Court Division is sustainable in law in all Appeal Nos. 4-10 of 2001. 10. Leave was also granted in Civil Appeal No.596 of 2001 to..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
....Division on 24.11.2004 whereby the parties have already been-directed to maintain status quo till disposal of the Partition Suit No. 12 of 2004 and further both the parties being co-sharers, end of justice will be met if they are directed to maintain status quo till disposal of the present suit ...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 111. ...... Mahbubey Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by the High C......s have been in possession of the suit land since long and they started construction of a 5 storied building on the suit land and have invested huge amount of money and it is a settled principle of law that the possession of the suit land is vital in respect of granting status quo; the defendant ..Category: Property Law | Date: | Hits: 27
Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ......Sufia Khatun, Advocate-on–Record- For Respondent No. 9. Not represented- Respondent Nos. 1-8 & 10. Civil Petition for Leave to Appeal No. 1298 of 2007. (From the judgment and order dated 18.04.2007 passed by the High......is duty but he did not follow his commitment rather he always tried to violate the academic atmosphere of the Madrasha and showed insubordination. Thereafter following the procedure as laid down by law and Rules, he was asked to show cause and he admitting the allegations made against him and al..Category: Employment/Service Law | Date: | Hits: 77
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....of conviction so passed by the trial Court. He further submits that the learned Judges of the High Court Division failed to sift the evidence on record arrived at a decision causing miscarriage of justice. 11. We have heard the learned Deputy Attorney General for the petitioner and peruse......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......hellip;Petitioner Vs. Abdul Kashem Member and others…….......Respondents Judgment April 20, 2008. Lawyers Involved: Syed Haider Ali, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Md. Nurul I......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ..Category: Procedural Law | Date: | Hits: 79
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......d. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No. 2. Criminal Petition for Leave to Appeal No.104 of 2005. (From the judgment and order dated 25-10-2004 passed by the High C......e High Court Division failed to discuss the evidence of leave petitioners under its true perspective and as such the judgment and order passed by the High Court Division is not sustainable in law. 7. We have heard the learned Advocate-on-Record for the petitioners and perused the mat..Category: Civil Law | Date: | Hits: 92
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ......try continued beyond the date fixed for hearing of the rule. The petitioner was/is therefore not required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ......instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner (Appeared with leave of the court). Not Represented- the Respondents. Civil Provisional Petition for Leave to Appeal No. 83 of 2007. (From the order dated 5.2.2007 passed by the High Court Division ......e declared to be ultra vires the Constitution and the proceedings of Artha Rin Suit No.315 of 2004 now pending before the Artha Rin Adalat, 2nd Court, Dhaka shall not be declared to be without lawful authority and was of no legal effect and/or such other or further order or orders passed as ..Category: Civil Law | Date: | Hits: 80
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ...... dismissing the appeal and affirming the judgment and decree of the trial court by the judgment and decree passed in the said appeal dated 27.03.1993. 6. The order of the appellate court was accordingly challenged by the defendant-respondents before the High Court Division in revision and......hidul Huq, Advocate-on-Record- For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No.1547 of 2006. (From the judgment and order dated 05.01.2006 passed by the High ......annot be said unused land. The plaintiffs claimed that they are entitled to get back the unused land by refusing the compensation money they had received together with development cost as per law. The land claimed by the plaintiffs bearing plot Nos. 15-20 is shown in a draft sketch map is a..Category: Property Law | Date: | Hits: 26
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ering the law and facts has sent back the case on remand to the trial Court for rehearing and thus, committed an error of law resulting in an error in the decision occasioning failure of justice." 6. It appears from the record that Margina Khatun, one of the daughters of Ab......certained. When the exact area of the suit property was not ascertained correctly and discrepancy is bound to appear, when the area of the suit Khatian is 718 sahasra aungsha as per exhibit- 1 but according to the report of the Advocate Commissioner the area of the suit Khatian is 709 sahasra au......994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No. 53 of 1994 stating, inter alia, that 718 acre of land belonged to Abdul Hakim Hawlader, that there are 4 huts in the said land, that he died leaving three sons, s......, the judgment and order of the High Court Division is erroneous and liable to be set aside. The learned Advocate-on-Record also submitted that the High Court Division without considering the law and facts has sent back the case on remand to the trial Court for rehearing and thus, comm..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and othÂers, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......Section 25(1 )(2) of the Customs Act or the tariff value as contemplated by Section 25(7) of the Customs Act, as may be the case is and as in force on the date of the Bill of Entry is submitted and accordingly, the petitioner's contention that he is entitled to pay customs duty, tax and othe......ul Abedin J Md. Hassan Ameen J M/S. Meghna Dairy and Food Products Ltd……………………. Petitioner Vs. Commissioner of Customs and others ........Respondents Judgment December 11, 2007. Case Refe......is submitted and accordingly, the petitioner's contention that he is entitled to pay customs duty, tax and other charges on the basis of invoice value not on tariff value is not acceptable in law. Further in the absence of any disclosure of the relevant and reliable materials to show that t..Category: Fiscal/Taxation Law | Date: | Hits: 70
29552954295329512950294929482947294629452943294029392938293329322930292929262925