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Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ian No. 160 was finally published on 6.05.98 i.e. long after the transfer of the case land to O.R No.1 i.e. at the time of transfer of even at the time of entry in volume of the case land is in law a part of S.A. plot No. 40 of S.A. Khatian No. 13. In law it cannot be said that the case land..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ...... he derived his knowledge about the kabala sought to be pre-empted on 2nd Jaistha, 1388 B.S. 9. In view of the discussion made above, we are of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is a..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......e appeal as a whole was dismissed and thereupon AT Case No. 66 of 1997 was dismissed. 6. Leave was granted to consider the submission that the Administrative Appellate Tribunal erred in law in setting aside the judgment of the Administrative Tribunal against which the aggrieved p..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......f invoice value. 3. Leave in the appeal was granted to consider the submissions of the learned Additional Attorney-General, appearing for the appellant that the High Court Division erred in law in making the Rule absolute thereby failing to consider that when Tariff Value has been fixed b..Category: Business or Commercial Law | Date: | Hits: 99
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......ate Court having scrutinised all the materials on record carefully came to the right conclusion that the exchange deed Exhibit A is a bonafide document. Therefore, the High Court Division erred in law in holding that no fraud was practiced by the plaintiff-respondent. We have considered t..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....and also the case of Lai Mamud and others vs. Siraj Miah and others reported in 45 DLR 638. 4. The learned Counsel for the appellant submitted that the intention of the legislature for amending Order VIII, rule 1 of the Code of Civil Procedure by Ordinance No. XLVIII of 1985 was to e...... of Civil Procedure is directory and not mandatory. 3. Leave was granted on the submissions that the above judgment and order of the High Court Division passed relying upon the principle of law laid down in the case reported in 47 DLR 326 conflicts with the principles as laid down in the ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ...... industrial unit as an abandoned property under President's Order No. 16 of 1972 the appellants could not claim the shares of the said company or the industry itself the shares of which having been lawfully vested in the Government. The Bangladeshi shareholders of Messrs Bella Artifitex Industri..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......rculated posters and leaflets for admitting therein girls without any fees in Class VI to X in violation of the norms of the non-government educational institutions, that the High School under the law was required to apply to the Deputy Director of Secondary and Higher Secondary Education Board ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......nal to admit an appeal if preferred within a period of six months after the period of three months specified in sub-section (2) of section 6 and that the Administrative Appellate Tribunal erred in law in not holding that the delay may be condoned if it is not more than six months beyond the usua..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......n the principal sum adjudged, it shall be deemed to have been refused in terms of sec. 34(2) of the Code of Civil Procedure and thus the view taken by the High Court Division was not justified in law. 7. Mr. Asrarul Hossain, learned Counsel for the respondent reiterated his submission which f..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......f the Police Station as its receiver. The respondent challenged the order of attachment by Criminal Motion No. 361 of 1977 but it was rejected by the Sessions Judge. Thereupon the respondent took law in has own hand and dispossessed him (appellant) from a part of the suit land forcibly erectin..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......ds of refusal to accept the process and names of the persons witnessing the refusal under rule 84(e), the report cannot be accepted. And the courts below failed to consider this relevant provision of law and committed error. Considering the evidence adduced by the appellants not duly considered by t..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......f the appellant, directed the appellant to withdraw the letter of intent and to invite fresh bid and accordingly, the appellant withdrew the letter of intent and, there had been no arbitrariness or unlawfulness in the withdrawal of the letter of intent and, on the other hand, if the respondent No.1 ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ...... petition in public interest, impugning the continued failure by the Government and other public authorities, in particular the respondent No.1, to comply with their legal duties under the existing laws including the Environment Conservation Act, 1995 and the Environment Conservation Rules, ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......t of Settlement. The High Court Division upon making the Rule absolute declared that the property in question is not an abandoned property and the property has been listed in the 'Kha' list without lawful authority and, as such, the same has no legal effect. The High Court Division further directe..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ...... appointed in Grade-I and that he had only the qualification for being appointed in Grade-IJ and, as such, the appointment of the writ-petitioner in Grade-II was quite legal and in accordance with law". This Court did not find substance in the contention of the petitioner that he was senior..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ecreed the suit and the High Court Division, in a misconceived way, discharged the Rule. 6. As it appears the High Court Division discharged the Rule holding that it is settled principle of law that no injunction should generally be granted against co-owners as all co-owners retain rights..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......tion of rent, be governed by the terms of the lease and the provisions of the Transfer of Property Act, 1882: Provided that, notwithstanding anything contained in this Act or, in any other law for the time being in force or in any contract, no non-agricultural tenant shall sublet the wh..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......t they had any enmity with the deceased, Zafar. They denied that Abdul Bari was a helpless old man requiring any help and protection from the deceased Zafar, as Abdul Bari had two sons, three sons-in-law, a faithful domestic servant Nura (PW 3) and Nuru's father Salam (PW 10) who was Abdul Bari's pr..Category: Criminal Law | Date: | Hits: 74
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