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Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......m any illegality, or the same is also not against the materials on record, that plaintiff has failed to prove his case. Thereupon the plaintiff moved the High Court Division in revisional jurisdiction. The High Court Division made the Rule absolute on the findings that plaintiff e..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ...... Court, is thoroughly wrong. He has overlooked that section 3 is within chapter II of the Act, which deals with arbitration without intervention of a Court. When this section states that in the absence of any intention the arbitration agreement shall be deemed to include the provisions ...... reference or within the time extended by the Court and admittedly the award has been passed beyond the period of time without any extension from the Court, the arbitrators ceased to have jurisdiction in passing the award which is not award in the eye of law and referred to the case of..Category: Property Law | Date: | Hits: 41
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......ndent. The petitioner while serving as Junior Purser was placed under suspension on 05.01.1993 by respondent and a departmental proceeding was initiated against him, on 24.01.1993 for unauthorized absence. He submitted written explanation for his unauthorized absence to the enquiry officer ......ervice. He then filed grievance petition under Section 25 of the Act before the 2nd Labour Court, Dhaka and the case was allowed. The respondent then moved the High Court Division in writ jurisdiction against the judgment of the Labour Court and the Rule was made absolute as noticed ear..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......also submits that the High Court Division erred in relying on the judgment passed in Company Matter No. 120 of 1999 to hold that Mr. Zillur Rahman Chowdhury is the owner of 50,000 extra shares in the absence of an averment in the petition that the name of the respondent No. 1 was in the share regist......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......ted the said 4 decimals of land and as such prayer for pre-emption is quite maintainable. The pre-emptee as against the order of the appellate Court moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division concurred with the finding of the appe..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......l as undivided portion of the land and as such even if any adjudication is made as regard the relief sought as to the decree obtained in Title Suit No. 206 of 1976 would be of no purpose since in the absence of seeking consequential relief of recovery of possession mere declaration of title as reg......title by adverse possession as regard the land of plaintiff No.1. 7. As against the judgment and decree of the appellate Court the plaintiff No.3 alone moved the High Court Division in revision-al jurisdiction and obtained Rule. The High Court Division made the Rule absolute on the finding that t..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......trial court dismissed the suit. Being aggrieved the plaintiffs preferred Title Appeal No. 16 of 1988 which was also dismissed. Thereafter the plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule and ultimately after hearing the Rule was discharged. 6. ..Category: Property Law | Date: | Hits: 59
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......ed that the High Court Division committed an error of law in not holding that for the ends of justice any aggrieved person without availing forum of appeal as an alternative remedy can invoke writ jurisdiction under Article 102 of the Constitution. 9. Mr. A. B. M. Nurul Islam lastly conten..Category: Constitutional Law | Date: | Hits: 162
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......rder 6 Rule 17 of the Code of Civil Procedure was filed but the learned joint District Judge rejected the application for amendment. The plaintiffs then moved the High Court Division in revisional jurisdiction. The High Court Division allowed the amendment application and made the Rule abso..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......luding the suit land to Isamuddin (father of the defendants) by registered sale deed No.185. While Isamuddin had been owning and possessing the suit land he died leaving behind defendants. In absence of original deed defendants collected a certificate, that the balam book kept in the S...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....itioners that proper weight had not been given to their qualifications/experiences but in the impugned judgment and order the High Court Division gave over emphasis to Rule 16 and became totally oblivious to Rule 17 of the Rules, inasmuch as under Rule 17 there is provision of selectin......ecision making process rather than the decision itself on well settled grounds/principles of illegality”,” irrationality" and "procedural impropriety" and in the absence of such grounds, the decision itself made pursuant to the recommendation of the ......he PSC on the basis of evaluation of materials as well as interview and thus the High Court Division sat as an appellate authority over the opinion formed by the PSC and so acted in excess of jurisdiction and committed illegality in so sitting as an appellate body, inasmuch as the decision ..Category: Employment/Service Law | Date: | Hits: 86
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....gainst Mr. Justice Syed Shahidur Rahman are not proved beyond doubt but on consideration of the facts and circumstances and the materials on record in their entirety it cannot be said that there is total absence of material in support of the allegations nor can it be said that the allegations are...... Mr. Justice Syed Shahidur Rahman are not proved beyond doubt but on consideration of the facts and circumstances and the materials on record in their entirety it cannot be said that there is total absence of material in support of the allegations nor can it be said that the allegations are witho......rt below erred in law in passing the impugned judgment and order in much as a Division Bench of the High Court Division of the Supreme Court of Bangladesh ought not to have arrogated to itself the jurisdiction to judicially review the proceedings, findings and opinions of the Supreme Judicial Co..Category: Others | Date: | Hits: 97
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......y;olution dated 28.12.2003 taken by the 5th auction committee and further to accept the bid offered by the petitioner for item No.7 If the said resolution; that the High Court Division has no jurisdiction to fix the value of the items for auction and as such the impugned judgment and o..Category: Civil Law | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......Counsel for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division found that the inquiry against the respondent was held in his absence and he was not notified regarding time and place of inquiry and the witnesses also were exam......from service. 4. The trial Court decreed the suit. On an appeal being Title Appeal No. 46 of 1999 the appellate Court allowed the appeal. The plaintiff moved the High Court Division in revisional jurisdiction and the Rule was made absolute as noticed earlier. 5. We have heard Mr. Ziaul Hasan..Category: Employment/Service Law | Date: | Hits: 181
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......f the Penal Code by judgment and order dated 16-5-2004 and sentenced him to suffer rigorous imprisonment for seven years. The accused petitioner being in abscondence the sentence was passed in his absence. 4. The petitioner filed an application before the High Court Division under section...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ld be quite maintainable. 9. The other contention has been made upon referring to the provision of Order I, rule 12(2) of the Code of Civil Procedure. It was the contention that in the absence of written authority by the plaintiff No. 9 to the plaintiff No.3 who figured as PW 1 and ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......aper transaction. In fact, the appellant entered into the land in question on 16-10-2000 and dispossessed the writ petitioners. The allotment of the land to the appellants having been made without jurisdiction and the writ petitioners having been illegally evicted in pursuance of the aforesaid u..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......pellant submits that the High Court Division was in serious error in setting aside the judgment of the lower appellate Court affirming the judgment of the trial Court in exercise of its revisional jurisdiction when the judgments of the Courts below were based on due consideration of the evidence..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....t cease to be a Director despite being a Director for six consecutive years in two terms in the event such vacation of office by him reduces the number of sponsor Directors to less than half of the total number of Directors, thus providing no impediment for a Director to remain as a Director in ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......ns imposed by a regulatory body constituted under the law and so, in an application for condonation of delay in holding Annual General Meeting under the above sections, the High Court Division has jurisdiction to either condone or not condone the delay and any consequential order necessarily rel..Category: Business or Commercial Law | Date: | Hits: 99
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