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Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... and others initiated proceedings to get the preliminary decree passed in the said suit set aside but they were unsuccessful up to the Appellate Division. In that state of the matter we are of the view that for the necessity of maintaining discipline in the judicial arena that also for the..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......rom the Ministry of Works, that the land in suit is being used by the Railway as its yard and the materials of the Railway have been stacked there, that plaintiff has filed the suit with the end in view to enjoy Railway's land illegally, that the land in suit was acquired in L.A. Case No. 4 of 19..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......s and by an elaborate judgment discharged the rule. 6. On perusal of the aforesaid judgment we do not find that there is any error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition..Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......n owner of the adjoining holding of the suit land would go into possession of any land coming out of the river by way of alluvion contiguous to his original holding under the same landlord. In that view of the matter the defence case was found to be more acceptable than the plaintiffs story of p..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......had no locus standi to file or maintain the above writ petition. Leave was granted on the following terms:- "learned Advocate for the petitioner, submits that the aforesaid view taken by the High Court Division was eroneous on two grounds- one, neither the petitioner nor..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ver the other properties of the writ-petitioner to the appellant, who was Respondent No.3 therein, as mortgagee of the said properties. It may be mentioned the aforesaid direction was given on the view that thereby the claim of the bank against the Respondent No.3 and the claim of possession of ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....Ain inasmuch as there are documents signed by the defendant Nos. 3 and 4 showing their liability for it and therefore the finding that the suit will serve no purpose as against those defendants is erroneous in law, that the defendant Nos. 3 and 4 having received and utilized the loan granted by ...... to enable the Bank and the defendant Nos. 1 and 2 to lift the fertilizer from Respondent No. 7. 14. In the background of the materials on record and the discussions made hereinbefore in our view it cannot be said that defendant Nos. 3 and 4 obtained loan from the Bank or received any fina..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......that can happen is that a case is decided on merit after hearing the parties, the opportunity that substantial justice shall take preponderance over technical consideration ought to have been kept in view by the High Court Division in deciding whether or not there was sufficient cause for the de..Category: Limitation Law | Date: | Hits: 156
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......es the High Court Division appears to have passed the impugned judgment and order discharging the Rule 6. We have considered the facts and circumstances disclosed in the case and are of the view that High Court Division did not commit any error in the decision while passing the impugned j..Category: Criminal Law | Date: | Hits: 47
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......he lone course / method and thereby to keep the University above board as well as for removing the misgivings. On the face of the materials noticed and considered by the High Court Division in our view prayer for re-examination of the answer script was not made on no ground or without just cause..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....t in Chuadanga, seeking declaration of Titles and for a further declaration that the S.A khatian as regard the land of the said suit (which is the subject matter of the Title Suit No. 30 of 1985 is erroneous. The said suit having been dismissed on June 30, 1979. The defendant No.1 filed appeal N......1975 and in Title Appeal No. 92 of 1979 respectively) considering them as the good piece of evidence in support of the claim of title of the plaintiff and that appellate Court having had expressed view doubting genuineness of the documents on the basis of which plaintiff claiming title was in er..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......living with the accused in the same house the accused is to explain how the death occurred. ……………………………..(29) In view of positive evidence that the blood‑stained lungi was that of accused Zahirul Alam Kamal..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......s produced before Settlement Officer but when there is an allegation of forgery, whether the document in question was forged or not can not be determined when the original is not filed and in such view of the matter the proceeding in question can not be quashed at this stage. The High Court Divi..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......kers lay in the enforcement of their demand under sections 5 and 7 of the Companies Profits (Workers Participation) Act, 1968 and not under section 34 of the Industrial Relations Ordinance. In that view of the matter, both the Labour Court as well as the High Court Division acted in excess of ju..Category: Labour and Industrial Law | Date: | Hits: 95
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......tion 12(1) and, in the opinion of the Government, the exercise of power by him as Chairman is either likely to be prejudicial to the interest of the Union Parishad or undesirable from the point of view of public interest, the Government may, by order in writing, place such Chairman under suspens..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......ding and the other one is the proceeding in execution by the decree-holder and for the application of the said rule, the suit that should be stayed should be between the same parties. 7. In view of the above there is hardly any scope for an application for stay at the instance of the part..Category: Property Law | Date: | Hits: 34
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......en in possession through borgader for a long period and their title had been perfected through such long possession and the kabala of the plaintiffs will prevail over record of rights. 6. In view of the fact that the kabala dated 9.5.1927 in favour of Chapala Bala is an admitted kabala and..Category: Procedural Law | Date: | Hits: 113
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......ubmits that the accused petitioner respondent Omar Ahmed is already dead but other accused in the case are facing trial. 11. Therefore, 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 was not jus..Category: Criminal Law | Date: | Hits: 41
....t valid.
6. The learned counsel for the petitioner) submitted that Biswajit Kumar Dutta (Bhulu) had no locus-standi to institute the above Title Suit No. 227 of 1998 and the High Court Division erroneously discharged the Rules maintaining the judgment and decree passed in Title Appeal No. 104 ......e deity and so on the basis of the power of attorney dated 9.7.98 given by him Ramesh Chandra Barman, the petitioner, can not manage or look after the property of the deity.
12. We are of the view that the High Court Division on proper consideration of the materials on record discharged the ..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... profitably employed, as such the order of retirement was passed. 7. The High Court Division on consideration of the facts brought on record by the parties held "In our view the respondent, has rightly found it expedient to get the petitioner retired from service and ..Category: Employment/Service Law | Date: | Hits: 79
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