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Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......served that the genuineness of the deed of relinquishment Ext. F and the solenama having not been proved by calling for the original record of the criminal case these can be relied upon especially in view of categorical denial by the plaintiffs. Without going into merit of the solenama it cannot be ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......ing "The learned Additional District Judge having failed to assess the evidence in its true perspective has caused failure of justice and the judgment of the learned Additional District Judge in that view of the matter cannot be sustained in law. The learned trial Court has elaborately discussed the..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......nding of those papers and documents and consequent misapplication of the legal decisions which have no application to the case of the petitioners. The learned Counsel has further submitted that in view of section 194 and 202 of the Contract Act the plaintiffs must be held to be an agent directly..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......lant No.1 and that the appellant being added as defendant No. 4 on 24.11.1996 the suit itself was decreed on 22.1.1997 without allowing the added defendant that is the appellant two months time in view of non-issuance of any notice under section 80(1) of the Code of Civil Procedure by the plaint..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....965" and hence the High Court Division committed error in not relying upon the S.S.C. Certificate and Admit Card issued by the Board and the High Court Division erroneously held that the petitioner reached the age of 60 years in the year 2000 and the Hig......ed Advocate of the petitioner regarding his age on the basis of the S.S.C. Certificate and Admit Card as any alteration or revision of the service record is not permissible. 6. We are of the view that the High Court Division on correct appreciation of facts and law discharged the Rule and ..Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......the orders, rejecting the prayers for bail of his clients by this Court on 12.2.89 and other dates mentioned above." 4. Mr. T.H. Khan, learned Advocate for the petitioner, has submitted that the view expressed above regarding jurisdiction of the Vacation Judge is not sound and valid in law and ..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......revail despite anything to the contrary in the provision mentioned in such non-obstante clause. The High Court Division, therefore, rightly referred to the said clause in Article 34 in taking the view that recourse to Art 34 is not dependent upon compliance of the provisions of Article 33. Ind..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ...... that under the general law shall be concluded speedily. This will bring about an anomalous situation, which could not have been the intention of the law makers. This court, therefore, clearly of the view that sec. 339C of the Code is applicable to the proceedings as to trial of the appellant under ..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......o the effect "Seen, we may accept result as given in the Centre and no re-poll be taken in Joygunnessa High School Centre." It appears that the Chief Election Commission and the member endorsed the view on 31.3.88. Dr. Kamal Hossain canvassed that this power could not be delegated to the Secreta..Category: Election Law | Date: | Hits: 146
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......anuary 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application...Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......shad Ordinance. It was, therefore, concluded that the writ petition as filed was not at all maintainable and accordingly it was rejected. 5. Leave to appeal was granted to consider whether the view taken by the High Court Division as to the maintainability of the writ petition was correct or ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... case because elaborate reasons have been given to support the findings made by it. 17. It is to be observed that a dying declaration, although a piece of substantive evidence, has always been viewed with some degree of caution as the matter is not liable to cross-examination. A dying decla..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......the instance of the complainant petitioner without taking recourse of the procedure provided in section 195(1)(c) of the Code of Criminal Procedure is barred. 5. We are of the view that the High Court Division on proper consideration of the materials on record and consi..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....itted error in not holding that the Artha Rin Adalat had no jurisdiction to try the suit; the order dated 26.9.2002 passed by the Artha Rin Adalat is also a non-speaking order and was passed on an erroneous view that the respondent No. 1, after being reconstituted under Act XII of 1997 on r......r in not holding that the Artha Rin Adalat had no jurisdiction to try the suit; the order dated 26.9.2002 passed by the Artha Rin Adalat is also a non-speaking order and was passed on an erroneous view that the respondent No. 1, after being reconstituted under Act XII of 1997 on recons..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......ned that in the facts and circumstances of the case and the heinous nature of offence, the condemned prisoner deserved punishment as has been imposed upon him by the trial court. 10. In view of the discussion made above, we are of the view that the High Court Division upon correc..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ed the record of the V.P. Case nor has examined any witness, that the defendant No.3 has disposed of the Exchange case without application of judicial mind as well as not from the judicial point of view, that the suit is not barred by limitation, that by the materials on record as well as the ev..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......ission that the consistent decisions of the Appellate Division of the Supreme Court is against the quashment of any proceeding during investigation by the police but by ignoring the consistent view of the Appellate Division, the High Court Division most illegally quashed the proceeding..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......de the same. The respondent thereafter successfully moved the High Court Division. 5. Mrs. Sufia Khatun, the learned Advocate-on-Record appearing for the petitioners submitted that in view of the first schedule to the Arbitration Act which mandated that the Arbitrator/Arbitrators sh..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......nce as a reward of which he was promoted to the post of Senior Principal Officer on 01.07.1977; that he was also rewarded by cash award and certificates; that he was invited to appear in interview for promotion by letters dated 13.02.1995,02.09.1986, 09.12.1987 and 15.03.1988; that out..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......sited with the Agrani Bank as collateral security against the project loan sanction by the Bank in favour of petitioner company. 15. Therefore, in the facts and circumstances of the case and in view of the discussions made above, we are of the view that the High Court Division upon correct a..Category: Business or Commercial Law | Date: | Hits: 109
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