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Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......t property and as such injunction can not be granted to one, who is not in possession thereby the High Court Division having affirmed the decision of the Appellate Court committed an error of law resulting in an error in the decision causing failure of justice. 6. The next submission..Category: Property Law | Date: | Hits: 33
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....sts of public path therefore does not hold good. 13. In order to appreciate the submissions as to applicability of Section 81B of the State Acquisition and Tenancy Act, let us quote the said provision which is as under:- "81B. Registration of Lease Deed.- Notwithstanding anythi......quisition and Tenancy Act, let us quote the said provision which is as under:- "81B. Registration of Lease Deed.- Notwithstanding anything contained in section 81 and 81 A or any other law for the time being in force, no agricultural or non-agricultural tenancy shall in law be create..Category: Property Law | Date: | Hits: 25
M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)
....or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ...... is made out, when the petitioner of a review fails to show any of such of grounds, his review petition can not be allowed. The power of review in not an inherent power. It must be conferred by the law either specifically or by necessary implication. Yet it must be remembered that power of review..Category: Alternative Dispute Resolution | Date: | Hits: 193
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....minary objection made was that the Master of the vessel who was more than 75 years old had no certificate of competency to act as Master at that age. From the plaintiff's side no certificate as per provision of “Avvontorin nou cholachal oddhadesh,1976” was brought on record showing th......e inquiry report of the Department of Shipping (Ext-A) made upon holding inquiry in connection with the accident in question. The age of the Master of the vessel was a material question since law relating to competency of a Master to ply a vessel after attaining age of 57 years is a compuls..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....lip;…………………..) 6. The High Court Division further found that the above confessional statements were duly recorded in due compliance with the provisions embodied in section 164 Cr. P.C. and does not at all demonstrate that those are not......e Surja Begum. 14. Regarding the contention that in First Information Report it is stated that PW 1 approached Sirajul Islam (PW 11) and on asking, PW 11 made disclosure that mother in law and sister in law of PW 1 and the condemned petitioner on 15.6.2000 at 5.00 p.m started to..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....n 13.6.1993. The High Court Division by the aforementioned judgment quashed the proceedings of the Ramna P.S. Case as mentioned hereinbefore upon observing as follows: “Seeing the provisions of Section 5-A of the Criminal Law Amendment Act, 1958 read with section 167(5) of the ......id Criminal Proceeding lost its legal force inasmuch as the investigation agency failed to submit the charge-sheet within 180 days from the date of institution of the case. Since in the special law, special period of i limitation has been fixed for submission of police report and since the l..Category: Criminal Law | Date: | Hits: 48
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......earned Sessions Judge. 9. Mr. Abdul Baset Mazumder, the learned Senior Advocate appearing for the petitioner, submits that the learned Judges of the High Court Division misconceived the law as well as facts of the case and thus without proper assessment of materials on record confirme..Category: Criminal Law | Date: | Hits: 43
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......t the High Court Division without considering the same illegally discharged the Rule and as such the impugned judgment and order of the High Court Division cannot be sustained in law. 5. The learned Counsel further submits that the defendants are not monthly ejectable te..Category: Property Law | Date: | Hits: 35
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....jurisdiction. 7. The learned Advocate further submits that Miscellaneous Case No. 74 of 1966 for setting aside the auction sale held in Rent Execution Case No.620 of 1953 was filed under the provision of section 173(4) of the Bengal Tenancy Act and as in the year 1966 the Bengal Tenancy A......ls of land of R.S. Plot No. 712 of schedule 'Kha' to be declared. 5. In the appeal leave was granted to consider whether the learned Judge of the High Court Division committed error of law in making a third case allowing two kathas of land to plaintiff and it was not denied by the de..Category: Property Law | Date: | Hits: 30
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......fendants could not give satisfactory explanation to the points raised by the plaintiffs but that would not improve the case of the plaintiffs because it is the cardinal principle of law that the plaintiff is to prove his own case and he must not rely on the weakness or defects of ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....the State Acquisition and Tenancy Act and so the submission of the learned advocate of the petitioner that the Revenue Officer does not have the authority to cancel the record of rights under this provision of law has basis; in the facts and circumstances of the instant case there does not appea......as allowed and the suit was dismissed. On revision the High Court Division made the Rule absolute. 4. The learned counsel for the petitioners submitted that the High Court Division erred in law In setting aside the findings of the appellate court without properly discussing and controver..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......efendants proved their right, title and interests in the suit land together with their possession and the plaintiff failed to prove the settlement in his name alone and so the trial court erred in law in not enquiring as to how the defendants come into possession of the suit land; the trial cour..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......rroneously held that the plaintiff proved his title and possession and in such view of the matter, the findings and decisions of the High Court Division being erroneous can not be sustained in law. We have heard the learned Advocate-on-Record and considered his submission. On perusal of the ..Category: Property Law | Date: | Hits: 23
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
.... condoning the delay contending, inter alia, that he is a share-holder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23.03.2002; as per provision of law and its Articles of Association the company convened it's 20th Annual General Meet......e delay contending, inter alia, that he is a share-holder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23.03.2002; as per provision of law and its Articles of Association the company convened it's 20th Annual General Meeting on 28.4.2..Category: Business or Commercial Law | Date: | Hits: 78
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....that the appeal was not disposed of within 60 days from the date of submission of the appeal, that the inquiry report on the basis of which plaintiff was dismissed from service was violative of the provision of Rule 45(2) since Inquiry Committee was not authorized to make recommendation as t......Court also held that there was no violation of the provision of service rules of the WASA, that the judgment and decree of the trial Court is not based on evidence and the same is contrary to law. 7. It is seen from the judgment of the High Court Division that out of the 5 delinquent..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... as such the subsequent suit namely Title Suit No. 134 of 1964 is barred under the aforesaid Rules. In reply the learned Counsel for the respondent submits that the suit holdings being different, the provisions of Order 2 Rule 2 of the Code of Civil Procedure are not applicable in the present case. ......is sons, Dhirendra and Birendra. They again claimed that they took settlement of the suit property by unregistered Amaldari from Dhirendra and Birendra on 17.05.1950. It is the settled principle of law that settlement of Non-Agricultural land within Municipality cannot be affected by unregistere..Category: Property Law | Date: | Hits: 34
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
.... her moving the High Court Division by filing an application under section 561A of the Cr.P.C against the judgment and order of the Court of Sessions asserted since she could not file-appeal as per provision of section 417(2) of the Cr.P.C within the time prescribed by section 417(3) of the Cr.P......nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ..Category: Criminal Law | Date: | Hits: 36
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....ngst a group of companies similarly situated and holding similar status, there invariably exists the scope for arbitrary exercise of such discretion on the basis of pick and choose and as such the provisions of section 21 of the said Ordinance is inherently discriminatory and is violative of the......bsp; such report under the signature of the Respondent no.5 now pending in the Court of the Chief Metropolitan Magistrate, Dhaka shall not be declared to have been done without any lawful authority and of no legal effect and that section 21(1) of the Securities and Exchange Ordin..Category: Criminal Law | Date: | Hits: 36
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
....he death either of the plaintiff or the defendant and though the period of limitation has been prescribed for substitution of the heirs of the deceased plaintiff or defendant but thereafter as well provision has been made for substitution of the heirs of the deceased after setting aside the abat......rtain cases the filing of an application for condonation of delay may be waived as a mere formality for securing ends of justice, the order allowing prayer for substitution is quite sustainable in law. 7. In the premises above, even in the absence of the application under section 5 of the..Category: Procedural Law | Date: | Hits: 75
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....ned Counsel for the petitioner and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 5. The learned Advocate for the petitioner mainly argued that the provisions of Rule 52 of the Bangladesh Service Rules have not been complied with in the case of th...... for the petitioner mainly argued that the provisions of Rule 52 of the Bangladesh Service Rules have not been complied with in the case of the petitioner and hence the impugned judgment is bad in law. In this connection he placed before us photocopy of the judgment passed by this Division in Ci..Category: Criminal Law | Date: | Hits: 41
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