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Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....fendants suddenly claimed right and title in 'Kha' schedule property. Then, the plaintiffs on obtaining a certified, copy of the R.S. khatian on 08.05.1983 from collectorate, came to know about the erroneous recording. The recording of 'Kha' schedule property out of schedule 'Ka1 property in the ......riage of justice. 7. We have perused and considered the above submissions of the parties and not at all impressed by the submissions of the learned Advocate for the petitioners. 8. In view of the above, we find no substance in the submissions of the learned Advocate for the pet..Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......yers Involved: Khan Saifur Rahman, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 9 of 2006. (From the Judgment and Order dated August 1, 2005 passed by the..Category: Property Law | Date: | Hits: 36
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......le laid down in the decision reported in 33 Indian Appeal (P.C) which was followed in the decision reported in 35 DLR 33 are not applicable in the present case. 10. Accordingly we are of the view that the High Court Division on consideration of the materials on record arrived at a cor..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......itted breach of the contract. The defendant seller was therefore entitled to forfeit and it did forfeit the earnest money for breach of the above terms and conditions of the contract. In this view of the matter, the impugned judgment and order of the High Court Division dismissing the appea..Category: Property Law | Date: | Hits: 33
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......ral Bank Strengthening Project" for supply, installation, testing and commissioning of standard hardware and software including training and technical support under the World Bank with a view to strengthening the Bangladesh Bank through automation process to enable it to effectively pl..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....; 9. It further appears the Appellate Tribunal erroneously found fault with the appellant for not disclosing the contents of the concerned circula......appellant for not disclosing the contents of the concerned circulars as because the respondent No.1, being a responsible officer of the appellant Bank, was fully aware of the circulars and in that view of matter he neither in his reply to the notices to first and second show cause nor in his pet..Category: Administrative Law | Date: | Hits: 104
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......for declaration of their title therein. The said suit was dismissed on 30.4.1986 on contest but on appeal was preferred against the aforesaid order of dismissal. Defendant Nos. 2 and 3 then with a view to grabbing the suit land created a forged and collusive ex parte decree dated 3.4.1977 i..Category: Property Law | Date: | Hits: 35
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......The High Court Division in its turn found them guilty in consideration of evidence on record. However considering the facts and circumstances of the case the High Court Division took a lenient view and altered the judgment of conviction and reduced the sentence of the petitioners. There is ..Category: Criminal Law | Date: | Hits: 43
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ....... Being aggrieved by the aforesaid order the informant preferred this petition. 6. In support of the petition Mr. Abdul Baset Majumder, learned Counsel submits, inter alia, that in view of the fact that the learned Judges of the High Court Division i.e. Mr. Justice A.K. Bad..Category: Criminal Law | Date: | Hits: 36
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......ion and of the nature and effect of transaction and in the instant case the defendant No.1 could not adduce any evidence to that effect. 14. In the facts and circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon correct assessmen..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on relied is quite distinguishable from the facts of the present case; the subsequent decision reported in 47 DLR (AD) 66 was not a decision "per-incurrium", the High Court Division erroneously held that the decision taken by the Board of BOESL was not malafied even though th...... termination, is a termination simpliciter without entailing any stigma on the petitioner and also without referring to any allegation made against the petitioner. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a c..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ...... in exceptional circumstances when the defendant avoids to receive the summons or keeps out of the way, so that, the summons cannot be served and the case dragged on for indefinite period. In such view of the matter, the findings and decisions of the High Court Division are liable to be set asid..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......in terms of the above Bangladesh Bank, by letter dated 4.12.97 (Annexure-C), absolved the appellant from his liability as guarantor and the appellant was also informed accordingly and in that view of the matter the appellant did not press for further extension of the stay orde..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......ough bargadars it was incumbent upon the defendants to examine the bargadars and for this non-examination of the bargadars adverse presumption can very much be drawn against the defendants in view of the provisions of Section 114(g) of the Evidence Act; the lower appellate court did not adv..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......cts arrived at on evidence on record by the Court of Settlement in exercise of its jurisdiction under Article 102 of the Constitution like a court of appeal and the further submission that in view of the specific findings of the Court of Settlement that Md. Safi had not acquired any ti..Category: Property Law | Date: | Hits: 27
Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)
....n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......ers Involved: S.M. Zillul Haq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Sufi a Khatun, Advocate-on-Record-For the Respondents Civil Preview Petition No. 13 of 2005. (From the Judgment and Order dated August 31, 2004 passed by th..Category: Procedural Law | Date: | Hits: 79
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......nior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Abul Quasem, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-4 Civil Review Petition No.6 of 2005 (From the judgment and order dated 03-03-2003 passed by this Divisio..Category: Property Law | Date: | Hits: 53
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality 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: IV ADC (2007) 855. ......ements with regard to who is the Managing Director of the Company. However, since the petition deals with the AGM of the Company, it is felt that the company is & necessary party, particularly in view of the conflicting claims. In such circumstances I am inclined to allow this application. The m..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ate Court without disposing of the revisional application on merit sent the suit back to the trial Court for disposal afresh in the manner as stated hereinbefore. The High Court Division was of the view that in the background of the observation made by the appellate Court, the said Court ought to..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
.... ownership of the proforma defendant No.4 in the suit land and the plaintiff is thereby not permitted to deny this fact by oral evidence; the trial court as well as the appellate Court applied erroneous mode of appreciation of evidence in arriving at their conclusion as to the exis......m proforma defendant No.4 also could not prove that the proforma defendant No.4 was in possession of the suit land when he sold the suit land to the defendant Nos. 1-3. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a c..Category: Property Law | Date: | Hits: 63
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