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Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ance in this application. 6. The learned Advocate who appeared with the leave of the Court submits that the High Court Division was in error in rejecting the writ petition summarily because provisions of Ordinance No.24 of 1970 ousted jurisdiction of the civil Court to grant injunction. H...... Suit No. 186 of 2005 and the said suit is pending. The petitioners keeping the said suit pending has moved the High Court Division under Article 102(2) of the Constitution of Bangladesh. The law is now settled that a litigant is not permitted to move the High Court Division under writ juri..Category: Property Law | Date: | Hits: 29
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
....t suit land and as such there is no need for making the Government a party in the suit as the present suit is neither for specific Performance of Contract nor declaration of title and thus the provisions of P.O. 142 of 1972 are not applicable in the present case. The learned Counsel emphasi......nd as such the suit is liable to dismissed with costs. 5. Mr. A J Mohammad Ali, learned Counsel, appearing for the petitioner submits that it is the well established principle of law that the plaintiff has to prove his case and in the present suit the plaintiffs having no..Category: Property Law | Date: | Hits: 24
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ...... Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submits that the learned Judge of the High Court Division most illegally dismissed the suit on an erratic view of the fact and law involved in the case stating that the plaintiff-petitioner was a year-to-year lessee in respect..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
.... of appeal below be reheard." 12. Leave was granted to consider the contentions that the High Court Division failed to consider the scope of the review petition in the light of the provision of review provided in the Code of Civil Procedure and thereupon the High Court Division w......ssed the decree or made the order", (rest of the provisions are not necessary for the disposal of the appeal) 16. It is seen from the aforesaid provision of the law relating to review that an application for review is entertainable from the discovery of new an..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ate of final objection against the report of the pleader commissioner and that the report is perverse and is liable to be set aside. The plaintiffs resisted the application stating that there is no provision in the Code of Civil Procedure for review of the final decree. 2. The learned Muns......rder No. 29 dated 27.5.1975 fixed the date on 6.6.1975 for final objection to the pleader commissione's report "it does not appear from the original order-sheet that his order was shown to the lawyers of the parties” and observed: "In such circumstances the Court’s o..Category: Property Law | Date: | Hits: 23
G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)
.... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ......se. Hence the present petition for leave to appeal. 3. Mr. Md. Nawab Ali, the learned Advocate-on-Record, for the complainant petitioner submits that the High Court Division committed an error of law in failing to appreciate and consider that the petition of complaint filed before the Senior Spe..Category: Anti-Corruption Laws | Date: | Hits: 81
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ...... Haque Chowdhury. 6. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record and appreciation of law arrived at a correct decision. There is, therefore, no cogent reason to interfere with the same..Category: Criminal Law | Date: | Hits: 38
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......time, thereafter, Mithu was found lying in the nearby sugarcane field. The face of the deceased was mudded and neck was wrapped by sugarcane leaves. Pw.6, Habibur Rahman, brother of father-in-law of informant brought the body of Mostafa Kamal alias Mithu to the courtyard of their house. A v..Category: Criminal Law | Date: | Hits: 44
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ......Act. 6. The arguments and reasonings so assigned by the High Court Division in the matter of affirming the findings and decisions of the trial Court appear to be just and sustainable in law and the learned Advocate for the petitioner failed to show any illegality in the matter of acc..Category: Criminal Law | Date: | Hits: 45
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....ival in the clinic operated the informant opposite-party No.2 though the operation was not successful and accordingly he contends that the proceeding being not in conformity with the provision of Sections 315 and 316 of the Penal Code should have been quashed. 5. It is not d......arned Senior Counsel, appearing for the petitioners, submits that there is no ingredient of the offence under Sections 315 and 316 of the Penal Code and the proceeding being an abuse of process of law and as such the case is liable to be quashed. He further submits that the allegations if t..Category: Criminal Law | Date: | Hits: 42
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
.... Court and this led the plaintiff-petitioner to file the civil petition for leave to appeal. 6. Mr. Khondker Mahbubuddin Ahmad, learned Counsel for the petitioner submits that in view of the provisions of Order 17, Rule 4 of the Code of Civil Procedure (Act 40 of 2003) and in view of the ......-respondent has already taken 4(four) adjournments in the above violation case i.e. Miscellaneous Case No.30 of 2003, the learned Joint District Judge, 2nd Court was justified in law in rejecting any further adjournment in the matter and as such the High..Category: Property Law | Date: | Hits: 43
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ......er the seller-pre-emptee the period of limitation ought to have been computed from the date of execution of the sale deed. He lastly submits that the High Court Division committed an error of law in failing to appreciate that the sale deed under pre-emption was not even made exhibit in the ..Category: Property Law | Date: | Hits: 20
Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)
....decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 237. ...... Division then held that Taposh, one of the executants of the kabala in question in favour of defendant was a minor at the time of execution of the deed in question and the position of law is that execution of any document by a minor is not a valid document in the eye of law. ..Category: Property Law | Date: | Hits: 26
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ......sp;learned Advocate of the petitioners that the record shows that the trial Court while recording depositions of the plaintiff witnesses did not mark and endorse only documents as required by law which ought to have been marked and exhibited at the time of recording depositions so th..Category: Property Law | Date: | Hits: 29
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....Artha Rin Adalat was illegal being in violation of section 56 of the Code of Civil Procedure which prohibits arrest or detention of a woman in civil prison in execution of a decree inasmuch as the provisions of the Code of Civil Procedure are applicable in execution proceedings before the Artha ......t and proper for the sake of realisation of money. 5. Leave was granted to consider the submission that the learned Judges of the High Court Division have committed error of law in construing sections 5(4) (5) and 6(Ka) of the Artha Rin Adalat Ain, 1990 in holding that sec..Category: Civil Law | Date: | Hits: 111
BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)
....that the enquiry was conducted according to law, that the opposite party in the complaint cases could not establish, that the case of the petitioners in the complaint cases is governed by the provisions of Government Servants (Discipline and Appeal) Rules 1985 nor could establish, that the ......ation of the materials brought on record by the parties upon arriving at the finding that enquiry conducted against the petitioners in the complaint cases was not in accordance with law and the petitioners of the complaint cases were not given proper opportunity to defend themsel..Category: Labour and Industrial Law | Date: | Hits: 109
Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)
....Sharok no. –vu:ma:/sha-11/obomukti /Sylhet-4/2003/348” dated 5.5.2003 which is Annexure-D to the writ petition, to de-requisition the house in question in the light of the provision of Section 8(1) of the Emergency Requisition of Property Act, 1948. The High......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 214. ..Category: Property Law | Date: | Hits: 28
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
....the learned Attorney General that a 'petroleum agreement' as envisaged in section 4 of the Bangladesh Petroleum Act, 1974 is a precondition for import of petroleum after interpreting the provisions of sections 2 and 4 of the said Act. 5. Leave was granted to consider the sub......ions in the future and as such leave should be granted. 6. Mr. Salah Uddin Mahmud, the learned Additional Attorney-General reiterates the same submissions adding that relevant provisions of law should be interpreted to enable the relevant authority in the Government to retain control over..Category: Business or Commercial Law | Date: | Hits: 94
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)
....s of the High Court Division fell into an error of law in applying the principles of Res Judicata inasmuch as the Trade Mark Act is a special law and in an appeal under section 76 of the said Act the provisions of section 11 of the Code of Civil Procedure has no manner of application and in that v......on, the impugned judgment and order of the High Court Division and other papers on record. 8. The learned Counsel submits that the learned Judges of the High Court Division fell into an error of law in applying the principles of Res Judicata inasmuch as the Trade Mark Act is a special law and i..Category: Intellectual Property Law | Date: | Hits: 196
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....be interfered with by this Court." "Because the Bangladesh Public Service Commission is a self Governed constitutional body and that the PSC recommended the present petitioners as per provision of law as incorporated in Article 14ft- of the Constitution of the People's Republic of ......hy;uments filed and after application of mind, the PSC selected the present petitioners for the post of Assistant Professor of Radiology but the learned judges of the High court Division erred in law in deciding the case without application of judicial mind and without considering the doc..Category: Employment/Service Law | Date: | Hits: 100
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