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Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......eave to appeal is directed against the judgment and order dated 16.11.2005 passed by a Single Bench of the High Court Division in Civil Revision No.393 of 1993 discharging the Rule. 2. Short facts are that the pre-emptor filed Miscellaneous Case No.15 of 1987 under section 96 of the State ..Category: Property Law | Date: | Hits: 19
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. ......ested the suit filing written statement stating the suit land as vague and uncertain. Under the circumstances the plaintiff filed a prayer for local inspection of the suit land for ascertaining the question of structure standing thereon. The defendant as well filed an application under order 26 o...... and decree passed in Title Suit No.45 of 1996 and Title Appeal No.131 of 1999 and therefore nothing was passed to the respondent No. 1 by those deeds and he fraudulently suppressed these material facts. 7. It appears that the plaintiff filed the suit praying for a decree for permanent in..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......similar to the facts of the present case. However, it appears to us that in the instant case, the decision as given in the case reported in 51 DLR is more applicable. In that case, the specific question of posting of Chief Metropolitan Magistrate without consultation of the Supreme Court was......shall be exercised by him in consultation with the Supreme Court. And the High Court Division has considered the said provision in the case as under: "We have considered the facts of both the cited cases which are not similar to the facts of the present case. However, i..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. ...... 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. ......out any information to the respondents. Hence the respondents were prejudiced. 4. We are not impressed by the submissions of Mrs. Sufia Khatun, the learned Advocate-on-Record. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct ..Category: Election Law | Date: | Hits: 84
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......r dated 28th March, 2005 passed in Writ Petition No. 1823 of 2005 by the learned judges of the High Court Division, who disposed of the said writ petition with a direction. 2. Shortly stated facts are that the respondent No.5, Md. Abul Hossain alias Md. Hossain Mia as the informant lodged ..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....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. ...... notice for evicting the plaintiffs. The High Court Division on consideration of the materials on record arrived at the finding that the Gazette Notification for the acquisition of the property in question does not show that the entire property of the plot was acquired and that the notice served......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)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ...... accused-petitioner in collusion with other two accused persons got his name mutated and on appeal the A.D.C. (Revenue) cancelled the mutation order passed earlier by the Revenue Officer. Now, the question arises whether the Revenue Officer dealing with a mutation case can be treated as a "Court......by the private person for a commission of forgery." In view of the finding aforesaid, we do not find any cogent reason to interfere with the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case i..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. ......20 Dr. Anil Basak, who held the post mortem examination, could not say whether the victim died from an act of suicide or homicide; the post mortem report is nebulous in that it has left the crucial question unanswered and there were disappearance of alamats from the bed room of the victim and the......the Penal Code and sentencing him to suffer imprisonment for 10(ten) years and to pay a fine of Tk.75,000/- in default to suffer rigorous imprisonment for two years and six months. 2. Brief facts which led to the filing of this petition for leave are that Tuhina Chowdhury alias Baby; the ..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
.... 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. ...... of the property to the claimant inspite of the fact that the Ministry of Public works allotted house in the Gulshan area for relocating the Gulshan Police Station from the property in question. 8. As against the order dated August 16, 2001 the petitioner filed Petition for Le......onnel, one First Miscellaneous Appeal, two petitions for leave to appeal before this Division and one Miscellaneous civil petition for leave to appeal. 7. In the background of the aforesaid facts the High Court Division rejected the Writ Petition No.3419 of 2001 summarily by the order dat..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. ......ce and procedure follows by the Tribunal is negation of justice or contrary to good conscience, fair play and equity or prejudicial to the parties before the Tribunal. The practice and procedure in question, in our view, being not negation of justice, there is no good reason to take exception th......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. ..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. ...... 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. ...... was taken on remand and having found complicity with cognizable offence was served with an order of detention, the High Court Division of detention erred in law in making the rule absolute in the facts and circumstances of the case. 5. The High Court Division upon hearing the parties fou..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. ...... was held that "A suit for permanent injunction is maintainable till partition if the plaintiff is in exclusive possession of the ejmali land and the court need not enter into the complicated question of title. It is enough for the court to find who is in actual and exclusive possession of ......passed in ejmali properties and the principles as laid down in the decisions, following which the High Court Division discharged the Rule, are not applicable in the present case as the facts and circumstances are distinguishable. 4. As it appears in the case of Erfan vs. Joina..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. ...... their individual capacity, filed the suit and accordingly since the suit having been filed by two private individuals instead of the Deity itself, the suit is not maintainable and that regarding the question of existence of a Deity the entire case of the plaintiffs rests on oral dedication and alth......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. ..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......lishment existing for the years or some may be brought into regular establishment in consultation with the Finance Department". Accordingly all departments and directives were requested to take up in question of 50% of the work-charged establishment into regular establishment on the principles laid ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..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. ......to get decree for mandatory injunction in the case of the plaintiff. (10) In view of the legal position as discussed above we need not decide the issue as to whether the dismissal from service in question was illegal, but we must hold that the suit is not maintainable on the ground that a decl......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. ..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......y leave is directed against the judgment and order dated 29.06.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 2368 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in the 2nd Court of Assistant ..Category: Property Law | Date: | Hits: 25
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. ......out of the common 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. ......y any scope for saying that charge sheet would lead to abuse of the process of the Court, because the court competent to try the case has ample power to refuse taking cognizance of the offence on the facts disclosed in the police report and pass an appropriate order." In the case of Syed Mohammad Ha..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......e judgment and order dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 making the Rule absolute. 2. The respondent No.1 filed the above writ petition calling in question the judgment and order dated 10.11.93 passed by the 1st Court of Settlement, Dhaka in Settl......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......reported in 31 DLR (AD) 195, since had the trial Court was not aware of the law settled by this Division in the case reported in 31 DLR (AD) 195, the said Court would not have put emphasis on the question as to whether there has been accretion of the land as claimed by the plaintiffs prior to 1...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ...... that case the trial was held by a competent Criminal Court which found that the prosecution was void as the previous sanction of the appropriate Government was not obtained and in considering the question of retrial the Court refused to pass such an order on the ground that the accused has suff......obtained and in considering the question of retrial the Court refused to pass such an order on the ground that the accused has suffered from incompetent prosecution for no fault of his own. But the facts of the present case are quite distinguishable. In the present case the G.R. Case No. 1 of 198..Category: Constitutional Law | Date: | Hits: 109
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