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Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......n in revisional jurisdiction and the High Court Division summarily rejected the same. 4. The learned counsel for the defendant No.2/petitioner submitted that the High Court Division erred in law in not considering that in Ext.Ga the value of the mortgaged property was shown at Tk. 33, 50,..Category: Civil Law | Date: | Hits: 91
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......Resignation, Removal and suspension) Regulation, 1984. It has been asserted that the post of the Chairman of No. 10 Jalalpur Union Parishad was declared vacant with a malafide intention and without lawful authority. It has been further asserted that as per Section 12(2) of the Local Government U..Category: Others | Date: | Hits: 91
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......ng threatened the plaintiffs with forcible dispossession; the order for local investigation at the instance of the defendants may create some scope for them in these days of unrest and uncontrolled law and order situation to fish in the troubled water and even blood shed is not unlikely; that the..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....l was established under this Article, no Court shall entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of such Tribunal. From the aforesaid provisions it is clear that in respect of the matters assigned to the Tribunal, the Tribunal has t......retirement from service as communicated to the writ-petitioner-respondent under Memo No. SaMa/Shree2 (Bima) 1/2000-255 dated 27.6.2000 of the Ministry of Establishment to have been made without any lawful authority and is of no legal effect. 2. The respondent filed the writ petition again..Category: Employment/Service Law | Date: | Hits: 62
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
.... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ......has not been made party which is a necessary party in accordance with section 3(2) of Rural Electrification Board ordinance, 1977. She next submits that the High Court Division erred in law in failing to consider that since the writ petitioner was removed from his post in compliance ..Category: Election Law | Date: | Hits: 84
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
.... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ......tailing the part of the petitioner's area has been done without complying with the Rule 10 of the Muslim Marriage and Divorces (Registration) Rules, 1975 and as such the impugned judgment is bad in law and the same is liable to be set aside. 3. It appears that the petitioner was appointed..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....aw in directing to dispose of one case first and thereafter dispose of the other cases and thereby frustrated the very purpose of simultaneous trial. Learned Counsel further argued that: under the provision of Section 13 of the Druta Bichar Tribunal Ain, 2000, it is mandatory that both the G. R.......ce judgments in both the cases on the same date to avoid conflicting decisions to the prejudice of one party or the other. In such view of the matter, the High Court Division committed an error of law in directing to dispose of one case first and thereafter dispose of the other cases and thereby..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....me since Gazette Notification was produced by filing supplementary affidavit showing that the officer who signed the eviction notice was authorized to exercise the power of a Magistrate as per the provision of Ordinance No. 24 of 1970. The crux of the matter is whether the property in its entire......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ..Category: Property Law | Date: | Hits: 22
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
.... of such Court by the subsequent decision of the High Court Division and as well as Appellate Division do not recognise Revenue Officer dealing with mutation proceeding as a "Court" under the said provision. On perusal of the case decision reported in 53 DLR (HCD) 19 and 55 DLR (AD) 125, it app......oner created a forged deed and that a Title Suit No.3 of 1997 has been filed by the accused petitioner for correction of records and therefore A.D.C. (Revenue) should have filed the case according to law and since it has not been done, the case not being maintainable he was entitled to be discharged..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......y improbable as the respondent, the husband of the victim, miserably failed to explain as to how his wife died in his house in the night of occurrence and that in 35 DLR (AD) 119, the principle of law on the point of circumstantial evidence having been clearly laid down there had been a miscarri..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
....purpose of the order of the Court or to harass the party as well as to delay the implementation of the order of the Court. Substantial numbers of government functionaries are quite unmindful of the provision of the Article 112 of the Constitution of the People's Republic of Bangladesh which requi...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ..Category: Property Law | Date: | Hits: 28
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......e followed by a Tribunal relating to matters ancillary or connected with the substantive function(s) for the performance or discharge whereof Tribunal has been established, have the force of law even if in the substantive Act by or under which the Tribunal has been estab..Category: Administrative Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ......8.2002 around 2 0' Clock in the afternoon the detenu was brought to the Court of Chief Metropolitan Magistrate. An application praying for 5 days remand was prayed before the Magistrate, while the lawyer for the detenu made application praying for bail. The Metropolitan Magistrate rejected the p..Category: Criminal Law | Date: | Hits: 109
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......al. Then on revision the High Court Division, after hearing, discharged the Rule. 3. The learned counsel appearing for the defendant/petitioners submits that the High Court Division erred in law in not considering that the plaintiff did not implead all the co-sharers in the suit; there be..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......ect of plaintiff No. 2 there is no description as to how he became a co plaintiff to get a declaration that the declaration that the suit property as debottor property; it is the settled principal of law that the Deity has a legal character and accordingly it can sue and be sued and can also maintai..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....h the concurrence of the Ministry of Finance. Thus it is clear that the appellant was never recruited as against any regularly sanctioned post on a regular basis. Though the referred circulars made provision for making the posts under regular establishment but as per policy of the Government no s......establishment by issue of orders retrospectively and giving retirement benefits provided they had the prescribed length of service, the learned Administrative Appellate Tribunal committed an error of law in holding that the petitioner being a work charge employee is not entitled to get pension benef..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ...... the above circular the defendant Bank became a commercial bank under control of the Government and 94.05% share of the defendant bank being held by the Government the High Court Division erred in law in setting aside the judgment of the courts below treating the defendant bank as an ordinarily ..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......mmon judgment and order dated 17.5.2004 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7253 of 2000, 1837 of 2000 and 1847 of 2001 discharging the Rules and common questions of law being involved in all these petitions, the same are disposed of by this judgment. 2. Crimina..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
.... of Settlement which is the final authority to decide the character of the property; the decree for specific performance of contract and the deed of sale pursuant to the said decree being hit by the provisions of P.O. 16 of 1972 the High Court Division erred in law in making the rule absolute; the ......t-in-opposition. The High Court Division after hearing made the Rule absolute. 3. Leave was granted to consider the submissions that the High Court Division not being the court of appeal erred in law in interfering with the findings of fact arrived at by the Court of Settlement and that during t..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....fendant Nos. 6-8 was the khas land of the Government. Since the plaintiffs have no right, title and interest as well as possession in the land in suit, the suit as framed is not maintainable as per provision of section 42 of the Specific Relief Act. 11. As against the decree of the Court ......y evidence on record wrongly set aside the judgment of the trial Court, whether the High Court Division proceeded on the wrong premise that in deciding the suit the trial Court was not aware of the law enunciated in the case reported in 31 DLR (AD) 195, since had the trial Court was not aware of..Category: Property Law | Date: | Hits: 30
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