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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. ....... Lawyers Involved: Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the..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. ......ation of the trial Court regarding possession of the defendant to the extent of .5660 acres can at most be termed as obiter as those were no more than some passing remarks. 7. We are of the view that the High Court Division on proper consideration of the evidence and the materials on rec..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ...... the Credit Information Bureau of Bangladesh Bank, the writ-petitioners have become disentitled to any loan or financial assistance from any bank or financial institution as defaulting borrowers in view of section 27 KaKa (3) of the Bank Companies Act. Hence the petitioners filed these two writ ..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....y untrue statement made in any declaration, notice certificate or other document lodged with the Customs authority. The section further provides (hat where there has been any under payment or erroneous refund of duty, the Customs Authority within a period of three years from the date of fir......the Sea Customs Act. The first respondent then filed a writ petition in the High Court of East Pakistan challenging the validity of the order of penalty. 2. A Bench of the High Court took the view that the penalty under section 167(9B) of the Act, can not exceed one thousand rupees or ..Category: Fiscal/Taxation Law | Date: | Hits: 92
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. ......decree, which was beard analogously with the Second Appeal preferred by the petitioners. 5. The learned Single Judge who heard the appeals has dismissed both the Second Appeals on the view that the Court of the Subordinate Judge had come to a correct finding as to the disputed contr..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. ......itness, whereas the prosecution may use it to corroborate him when he gives evidence in Court…………………………(16) Ordinarily in the matter of assessment of evidence the trial Court's view is given great weight and when its finding is accepted as correct on re-assessment by the appel..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......h complaint on the same allegations. Mr. Nabi's submission that the Code does not in terms permit the complainant to institute a fresh proceeding is not the correct way to look at the legislation. In view of the fact that the accused-appellants were neither acquitted nor convicted, the correct way o..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... might be placed under suspension pending enquiry that the order of suspension could be made only when the enquiry, as contemplated in Regulation 21, had actually commenced a prima facie view was taken that the proceeding was likely to lead to dismissal of the employee and fu..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......and 2 have a presumptive value being the documents of 30 years and the said presumption having had not been dislodged from the side of the defendants by filing reliable evidence, we are of the view plaintiffs have right, title and interest in the land and that also possession in the land in ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......e of 3 years and the suit (Other Suit No. 136 of 1996) having been filed on September 10, 1996 the trial Court rightly found that the decree that was passed on April 28, 1993 became ineffective in view of Article 182 of the Limitation Act. It was also the contention of the plaintiff-respond..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......the mutation made in favour of the plaintiff, that defendant No.1 illegally cancelled on June 30, 1983 the mutation which was made in the name of the plaintiff on the view that the land claimed by the plaintiff on the basis of the kabala dated February 27,1970 is t..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rule was issued and the learned judges by their judgment dated 5-7-73 made the rule absolute and allowed the respondent’s application for amendment of the additional written statement on the view that the proposed amendment of the additional written statement would help the determination o..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......a duty is cast upon the original court to accommodate any party who wants the transfer of a case. But where there is no such provision for preferring appeal against the order of a Tribunal, in our view, no duty is cast upon the Tribunal to adjourn a case. The scheme of the Ordinance..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......d for religious and charitable purposes" have got a plain meaning and it cannot be twisted to mean income arising out of letting out those lands and buildings. 10. We get support to our view in the case Commissioner of Taxation Vs Trustees of St. Mark's Glebe reported in 1902 Appeal C..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......d-persons imported the goods by deceitful means and those are banned item being raw materials for manufacturing polythine bags which are threat to environment of the country. In such view of the matter, the learned Judges of the High Court Division having failed to apply their judi..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ...... Court. 9. The High Court Division having considered the facts and circumstances of the case and in consideration of provision of Section 540 of the Code of criminal Procedure, we are of the view that the High Court Division rightly passed the impugned judgment as aforesaid. We are fully ..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......ed on the appellant herein who was Respondent No.2 in the Miscellaneous Appeal either by the process server or by registered post. The learned Additional District Judge was of the view since the summons sent by registered post was returned by the postal peon with the endorsement..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......4.1956 and vested in the defendant No. 1 under section 7 of East Bengal Private Forest Act, 1949 as per Gazette Notification dated 12.02.1983 and that the claim of the plaintiff respondents in such view of the matter has/had no leg to stand. He thereafter submits that the cogent explanatio..Category: Property Law | Date: | Hits: 41