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Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......Code of Civil Procedure and thereby rectify the acceptance of the Advocate Commissioner's report beyond the time granted earlier for the ends of the Justice and the further submission that in view of the facts and circumstances of the case the question whether time granted by the High ..Category: Property Law | Date: | Hits: 31
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......dency of the Miscellaneous case by making gift of his share to the extent of 6 decimals to his wife on May 30, 1994. The appellate Court did not accept the said contention of the pre-emptee in the view that pre-emptor inherited 10 decimals of land and that after making gift of 6 decimals of..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ted in India did not confer any right, title and interest on the plaintiffs as the same was not regularized by the designated officer of the Government of this Country. 12. Therefore, in our view, the appellate court was right in refusing to admit the documents of the plaintiff in evidence..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ion committed error in not holding that the trial court was wrong in rejecting the plaint. 8. He thereafter submits that the High Court Division was in error in dismissing the appeal upon an erroneous view that there is no scope for amendment of letter of credit. 9. Mr. Khondker Mah......nt No.1) through the defendant No. 2 (respondent No. 2) on 22 April 2003 for the import of crude palm oline and issued indent Nos.1-25 in favour of the defendant No.2 and that the plaintiff with a view to import 3000 metric tons of Crude Palm Oline opened a letter of credit on 4 May 2003 initial..Category: Business or Commercial Law | Date: | Hits: 121
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......ing armed with deadly weapons formed themselves into unlawful assembly and gharaoed a mosque near the house of Md. Habibur Rahman, the informant of the case, and looked for him in the mosque with a view to kill him but the Imam of the mosque informed them that he (the informant of the case) was ..Category: Criminal Law | Date: | Hits: 41
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......gh Court Division Committed error in holding that the petitioner described himself incorrectly and unauthorisedly as superintendent of the Madrasha without assigning any reason for such finding in view of the facts that the petitioner was appointed as a superintendent of the Madrasha by a duly c..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......1) (c) of the Co-operative Societies Ain, 2001 reveals that there is a clear bar to participate in the election of Khetlal UCCA Ltd. unless a member completes a tenure of 12 months as a member. In view of that provision and also in view of Section 17(2) (b) of the Co-operative Society Rules, 198..Category: Constitutional Law | Date: | Hits: 162
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......ion of the country. An individual businessmen's claim cannot be entertained by stampeding the desire of the common people and in gross violation of the rules and regulations of the land and that in view of above circumstances the petitioners are under obligation to refuse granting licence to the p..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......d in Phase-I of the project shall be deemed to be continued to be employed in phase-II of the Project. In other writ petition i.e. writ Petition No.4344 of 2003 the High Court Division held similar views mutatis mutandis. Hence are these petitions. 5. In support of the petitioners Mr...Category: Others | Date: | Hits: 87
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......ng the prayer for amendment held that in a suit for partition prayer for declaration is added that can not change the nature and character of the suit. 6. In the circumstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a corre..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......ce with law. 6. Mr. Moshiuzzaman, the learned Counsel appearing for the respondents, has however tried to support the impugned judgment of the High Court Division. 7. However, in our view, the points raised by the learned Counsel for the petitioners deserve consideration. Leave is,..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......osts including Assistant Professor, Radiology by circular dated 21.05.2001 and the writ petitioner respondents and the petitioners in the leave petition were candidates and they received interview cards for interview scheduled to be held on 18.11.2003 to 20.11.2003 and 43 candidates pa..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ...... thus disposed of with the above direction. It may be mentioned that in the meantime Miscellaneous Case No.4 of 2000 under order 9 Rule 13 of the Code of Civil Procedure has been allowed. In view of the order of the court allowing miscellaneous case Order 9, Rule 13 thus restoring the suit..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....ong time on the basis of legal document executed by the Dhaka City Corporation. 11. He submits that the High Court Division did not consider this vital aspect of the case and thus came to an erroneous decision discharging the rule. 12. The submissions made on behalf of the pet......ding a strong prima facie case warranting mandatory injunction passed the order in question. The High Court Division in its turn examined the facts and circumstances and came to correct view in affirming the aforesaid order of the trial court. 8. He further submits that the pla..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... 1982 AIR (SC) 149 and Dr. P. Nalla Thampy Thera Vs. Union of India and others reported in Supreme Court Cases 307. 12. We have considered the submissions made on behalf of the parties. In view of the facts and circumstances of the cases the submissions of the learned Counsel for th..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ...... the following facts are furnished from our records: (a) An area of 0.85 acre of land out of 1.15 acres of the plot mentioned was requisitioned vide L.A. Case No.-91/57/58 with a view to acquire the land permanently for rehabilitation of the distressed people. But the Acq..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......igation of the present petitioner which is a statutory body and therefore, we do not find any substance in the submission of learned Advocate. 8. In the facts and circumstances of the case and in view of the discussion made above, we are of the view that the High Court Division upon correct asse..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....d to arrive at independent finding in support of its disagreement with the finding and decision of the trial Court or, in other words, while considering the finding and decision of the trial Court erroneous. In the instant case the High Court Division as the last Court of fact was required to di......stified in holding that the said service vide Exhibit A was a good service according to law and that defendant No.2 had knowledge about the date of the said suit. The High Court Division was of the view that even if the engaged lawyer was informed vide order No. 47 dated 2-5-78 that will be the ..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......f the Special Powers Act the accused once released on bail and subsequently absconding there is no necessity for issuing further notice upon him as claimed on behalf of the petitioner and, in such view of the matter, we do not find that the trial Court committed any illegality in proceeding with..Category: Criminal Law | Date: | Hits: 47
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