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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. ......uently he was appointed as principal of the Madrasha by the Managing Committee and that until and unless such appointment is cancelled by competent authority the petitioner's locus standi cannot be questioned. Moreover he was duly authorised by the Upazila Nirbahi officer by memo dated 19.05.200......vision 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 constituted a..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. ......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. ......ive Office, Rajshahi Division, Rajshahi in Dispute Case No.10 of 2003 (Annexure-1) should not be declared to have been passed without lawful authority and is of no legal effect. 3. The short facts, as stated by the petitioner, in the writ-petition, are to the effect that he was elected Cha..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. ......t and with due consideration of the necessity of granting such licence in the perspective of degradation of moral values, increasing social crimes and negative public stance against the products in question . 8. He further submits that section 3 of the Narcotics Control Act, 1990 (as amended in......other business concerns in the country have been favoured with licence to manufacture and market similar products. We have considered the submissions and perused the impugned Judgment. In the facts and circumstances the submissions made on behalf of the petitioners merit consideration. ..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. ......36 of 2005 has also been preferred at the instance of the same petitioners i.e. the Government of Bangladesh and four others. Both the petitioners arising out of the same subject matter and common question of fact and law being involved are disposed of by this single order. 2. The facts, i......ent of Bangladesh and four others. Both the petitioners arising out of the same subject matter and common question of fact and law being involved are disposed of by this single order. 2. The facts, in short, are that the respondents as petitioners filed the aforesaid writ petitions stating..Category: Others | Date: | Hits: 87
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......place and manner of execution of Nadabipatra are vague and unspecific inasmuch P.Ws. 2 and3 in their deposition specifically stated the time, place and manner of execution and the finding of facts of both the courts below to the effect that the said Nadabipatra has been proved to be execut..Category: Property Law | Date: | Hits: 30
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. ......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. ......to appeal is directed against the judgment and order dated 29.06.2003 passed by a Single Bench of the High Court Division in Civil Revision No.4300 of 2002 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Partition Suit No.295 in the Court of learned Subordinate ..Category: Procedural Law | Date: | Hits: 154
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. ......on he refers to Annexure-c series and points out that the selection has been made quite legally. 11. He further submits that the writ petitioners themselves responded to the advertisement in question and pursuant to the letters issued to them inviting them for interview attended the interv......mily Welfare, Dhaka and others preferred Civil Petition for Leave to Appeal No. 737 of 2005. Both the petitions arising out of the same judgment are disposed of by this single order. 3. The facts revealed in Civil Petition for Leave to Appeal No 612 of 2005, in short, are that the respond..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. ......ion of TK. 2,50,00000/- and already an amount of Tk. 8,00,000/- was paid as advance to respondent Nos. 2-4 and that he also deposited Tk. 8,00,000/- as transfer fee for the property in question to Bangladesh Bank and that therefore he was necessary party in the rule. 5. The Hig......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. ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......te appearing for the respondent Nos. 1 to 3 opposes the petition. He submits, inter alia, that the trial court finding 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 ......He submits, inter alia, that the trial court finding 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..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. ......President nor the Hon'ble prime Minister or any other person/persons on whose advice the President passed the order of removal was given chance of being heard. 7. He further submits that the question involved in the matter is of utmost public importance and relates to important interpre&sh......sh in this petition seeks leave to appeal against the judgment and order dated 02.02.2005 passed by the High Court Division in Writ Petition No. 2554 of 2004 making the rule absolute. 1. The facts, in short, are that the respondent No. 1 instituted Writ Petition No. 2454 of 2004 challengin..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. ......ed the claim except .2909 acre of land consumed for the road. Once the land is acquired it vests in the government through the requiring body and it does not matter whether it is use or not and the question of abandonment is unknown to the Emergency Requisition of Property Act, 1948 under which t...... 6. The defendant Nos.1 and 2 went on appeal. The appellate Court on detailed discussion of the evidence upon arriving at the finding that the trial Court did not commit any error of law and facts in decreeing the suit in preliminary form and declaring title of the plaintiffs to the exten..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......hury J.- Pre-emptee petitioner Abdul Quddus seeks leave to appeal against the judgment and order dated 28.11.2004 passed by the High Court Division in Civil Revision No. 3664 of 2003. 2. The facts revealed in the leave petition, in short, are that one Raquib Ali predecessor of the responde..Category: Property Law | Date: | Hits: 35
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......c ton and thus committed error. 8. He further submits that the steps taken by the respondent in the 6th Call were made by the writ respondents bonafide and there being no malafide in it question of entertaining the writ petition itself does not arise. 9. Mr. Fida M. Kamal learn......ousing Bangladesh Secretariat, Dhaka and others against the aforesaid judgment and order. 3. Both the petitions being heard together this order shall govern both the petitions. 4. The facts revealed in the leave petitions, in short, are that Md. Zahangir Alam the respondent No...Category: Civil Law | Date: | Hits: 97
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. ......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. ......leave to appeal is directed against the judgment and order dated 5-1-2005 passed by a Single Bench of the High Court Division in Civil Revision No. 5360 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff instituted Other Suit No. 48 of 1998 in the Court of the Senior Assista..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... information from his engaged Advocate about the receiving of the record by the trial Court and of fixation of the suit for peremptory hearing was not established by any reliable evidence. Now the question is, whether summons was served on the respondent No.1 who was petitioner in the Miscellane......vision and consequent thereupon the suit was decreed ex parte has not been established, that summons was served on the petitioner, i.e. respondent No.1, on May.8, 1978, that in the background of the facts and circumstances of the case and the evidence on record it can be said that the petitioner ..Category: Civil Law | Date: | Hits: 112
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......r the purpose of their own use and occupation. The High Court Division also held, in the background of the evidence on record, that it is quite seen that there is an element of 'must' as regard the question of bonafide requirement of the premises in suit by the plaintiffs. The High Court Divisio...... no valid termination of the tenancy decree passed in the suit and affirmance thereof by the High Court Division was not legal appears to be not legally well conceived one, in the background of the facts of the case in that although in the notice defendants were asked to vacate the premises in su..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ...... by a Division Bench of the High Court Division in Writ Petition Nos. 5587 of 2000 and 94 of 2003 discharging the Rules. 2. In Writ Petition Nos. 5587 of 2000, the writ petitioner called in question two orders namely order dated 29-6-1999 (Annexure-D to the writ petition) passed by respon....... 94 of 2003, the writ petitioner challenged the order dated 12-12-2002 promoting respondent No.4 to the post of Assistant Chief Hydrographer, Senior Deputy Director (Survey) BIWTA. 4. Short facts are that the writ petitioner and respondent No.4 were both appointed on temporary basis as Ri..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......e purported delivery of possession to the appellant on the same day which was practically impossible and the same was mere a paper transaction. In fact, the appellant entered into the land in question on 16-10-2000 and dispossessed the writ petitioners. The allotment of the land to the appe......; MM Ruhul Amin J.- By these petitions the petitioners seek review of this Court's judgment dated 1-8-2006 passed in Civil Appeal Nos. 62, 63 & 64 of 2004 allowing the appeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......not the undivided dwelling house of the defendant No.1, the High Court Division was in error in making the Rule absolute upon setting aside the concurrent finding of fact, that having regard to the facts that the preemption Miscellaneous Case No.62 of 1956 filed by the defendant No. 1, predecesso..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... order of calling the meeting may also give such ancillary or consequential direction as it thinks expedient: 7. We are accordingly, of the view that the High Court Division, considering the facts and circumstances and also applying the ..Category: Business or Commercial Law | Date: | Hits: 99
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