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State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....t illegally and that though sufficient explanation was given for the delay in lodging the First Information Report, the High Court Division did not consider the same and thus came to an erroneous decision and as such the appeal may be allowed. 4. Mr. Rokanuddin Mahmud, learned ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......udge was not competent to dislodge the fact in the document in question and as such the appellate Court was not in error in setting aside the judgment and decree of the trial Court upon taking view as regard the matters i.e. the contents of the documents in question contrary to the view tak..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......ber 29, 2006. Lawyers Involved: Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Review Petition No. 47 of 2005 (From the judgment and Order dated December 4, 2004 passed by t..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......ue in order to protect local industries and determining a fair price of the goods in the prevailing International market introducing the tariff value in the Country since 1976 and with that end in view has introduced the SRO No./214 dated 28.10.1993 in respect of the import in question but the t..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....disputed land and though in the paper it is mentioned about the incorporation of Exhibits 1-1(1) series yet non-incorporation of the same by the appellants in the paper book has become misleading, erroneous and incomplete affecting the decision seriously to the prejudice of the respondent. ......endant was a permissive possessor under him but there being no evidence led to prove the same, the High Court Division erred in affirming the decree passed by the appellate court on the untenable view that the continuous uninterrupted possession of the plaintiff proves that he is owner ..Category: Property Law | Date: | Hits: 34
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. .........Respondents Judgment November 30, 2006. Lawyers Involved: Abu Sayeed, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Review Petition No. 60 of 2005 (From the judgment and Order dated February 2, 2005 passed by t..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. ...... purchase as well by the kabala dated 2.01.88 and accordingly does not need to seek pre-emption of the case land as adjoining land owner. So the trial court is not at all justified in holding the view that the case is bad for defect of parties for not impleading the adjoining land owners. The ..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. ......xamined in the case. Therefore, it appears that the pre-emptor has failed to prove that 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 ..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. ......unal against which the aggrieved party had not preferred any appeal and, as such, there was miscarriage of justice and the submission that the Administrative Appellate Tribunal erred in holding the view that the appellant sought different reliefs from two different sets of respondents but actual..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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 99
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......rned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants to file written statement within two months. 2. The ap..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. ......e 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. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... kind of right i.e. to have girl students exclusively, admitted in the School, as claimed by the School and accepted by the High Court Division and thereupon made the same basis of the judgment was erroneous as the right claimed by the School is by no standard 'property' and thus right claimed by......btained the Rule. The High Court Division discharged the Rule upon the findings that the plaintiff has locus standi to file the suit and to maintain an application for temporary injunction, that in view of the provision of section of the Specific Relief Act,1877 since the right of the plain..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. ......d copy was delivered on 1-2-2003 and after completing official formalities the appeal was filed on 7-8-2003 and thereby the appeal was filed out of time by three months and fifteen days but in view of section 6(2A) of the Act there being provision for admitting such an appeal after six month..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.......e principle amount till realization. The terms of the decree being silent as to further interest or any interest, it must be held under section 34(2) CPC that the court has refused such interest. The view taken by the High Court Division cannot therefore be supported. Thus the appeal is allowed and ..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 ......learned counsel for the appellant in both the appeals, has raised a preliminary question. He has contended that Civil Revision No. 118 of 1984 before the High Court Division was not maintainable in view of the amendment of the Civil Procedure Code under which the provision for second appeal was re..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. ...... to whether the subsequent suit was surreptitiously filed by the same plaintiff-respondents against the same defendant-appellants seeking declaration of title in the same suit land and whether in view of the pendency of the earlier suit between the parties the allegation of fraudulent suppressio..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. ......ary to the tender terms and there being a deviation from the tender terms other bidders, who were unsuccessful, raised objection contending that they ought to have been allowed to better their bid in view of the change of the tender terms; such change of important tender term; during negotiation wit..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. ...... that in terms of section 4 of the Environment Conservation Act,1995 and the Rules framed thereunder the respondents could be prohibited from sinking tubewells without testing arsenic contents; in view of the admitted fact that tubewells are already identified as contaminated with arsenic conten..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. ......ed, 4 MLR (AD) 140. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Petitioner. Not represented— the Respondents. Civil Review Petition No.101 of 2005 (From the Judgment and Order dated May 15, 2005 passed by the Appell..Category: Property Law | Date: | Hits: 37
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