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Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......rely prayed for cancellation of the three earlier orders no case was made out under section 196B of the Act and therefore there was no reason to hold that the impugned order was passed without lawful authority. 5. Mainul Hosein, learned Counsel for the appellant, submits that section..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......y;dent by evicting the petitioner. 2. Facts leading to the leave petition are that the petitioner Jamuna Knitting and Dyeing Limited and another filed a pre-emption case under Mahamadan law against the respondent Messers Yunusco K. Textile Lid. The Pre-emption was allowed and the tria..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......o implement the same. He further submits that the observation of the High Court Division that condition of vetting by the Chairman embodied in the minutes of the 263rd meeting is without lawful authority and is of no legal effect suffers from serious error of law. 6. Mr. Amir-ul..Category: Employment/Service Law | Date: | Hits: 81
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......the complete justice in the matter avoiding multiplicity of suits and proceedings and, as such, the learned Subordinate Judge as well as the learned Judges of the High Court Division erred in law in rejecting the prayer for amendment of the plaint. 6. In order for correct understandin..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ...... Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ...... the Code of Civil Procedure was filed but the same was rejected on the ground of maintainability as noticed earlier. 6. The High Court Division held that it is an established principle of law that where an alternative remedy exists a party cannot have recourse to the inherent jurisdict..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....or anything done or any action taken there under and any proceedings under the said rules pending at the commencement of these rules shall be continued and disposed of in accordance with the provision of these rules." He submits that unless any proceedings under the ......holding that the order of dismissal was passed illegally. 4. Leave was granted to consider the Government-appellant's submission that the appellate Tribunal erred in law in setting aside the order of dismissal without considering that the respondent's case before t..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....llection of sand from the appellant tea estate, that if mineral resources are found inside the tea estate in that case the respondents may control any part of the estate but not otherwise and said provision was included in Clause 17 of the agreement dated 19-3-1988 but in the present case, lease......d subsequently, granted the lease of Baluinohal in favour of the respondent No. 4. We therefore, hold that the impugned Annexure-A and A(l) cannot be declared to have been issued without any lawful authority, inasmuch as the petitioner company had already waived their right and conceded t..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....thereunder to recover outstanding loans given by the banks and financial institutions is a special court and not an ordinary civil Court as it arbitrates on loan liability by applying the provisions of the special legislation, Artha Rin Adalat Ain, 1990, unless it provides otherwise. I......viso to section 7 have made all other judgments not appellable which does not result in a decree but results only in an order and the same cannot also be called in question before any court of law or authority. The aforesaid sections 6(1) and 7 are reproduced below: in Bengali ..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....of the facts and circumstance of the case it can be concluded that even if there is absence of name of the other 5(five) accused persons in the statement of P.Ws. 2 and 6 recorded by the P.W.7 as per provision of section 161 of the Code of Criminal Procedure but because of the nature of the evidence......rt Division is erroneous, that reasons assigned by the High Court Division in acquitting the respondents are mere surmises and conjectures and as such the order of the acquittal is not sustainable in law, that considering the time and place of occurrence at dead of night inside the hut corroboration..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....i taha paribenna.Ebong tini o tahar oarish ukto munafa dabi korite pariben na.Ukto munafa shomanangshe Mosjid o dargaher jonno bay hoibe 9. The High Court Division considered the above provisions in the Waqf deed and the conduct of the present petitioner Mr. T.I. Khan and found that ...... perused the judgment of the High Court Division and other papers on record. 13.The learned Counsel for the petitioner had submitted that the High Court Division committed an error of law in holding that the petitioner herein is not entitled to act as Mutwali without co..Category: Trust/Waqf Law | Date: | Hits: 199
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....5.2001 and submitted that in terms of SubÂsection (Ga Ga) of Section 5 the opposite party No.1 petitioner is not a loan defaulter. Section 2 of Bank Company Ain, 1991 (Act 14 of 1991) provides that provision of said Act still not affect the provisions of any other law for the time being in force a......on 5 the opposite party No.1 petitioner is not a loan defaulter. Section 2 of Bank Company Ain, 1991 (Act 14 of 1991) provides that provision of said Act still not affect the provisions of any other law for the time being in force and also is not in addition to the provisions of any other existing ..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......ide or cancellation of them. In the facts of the case and the evidence, oral and documentary, on record the learned District Judge missed the vital issues and consequently, his decision seriously flawed both on fact as well as in law. The impugned judgment and decree, therefore, cannot be sustai..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......ence with by this Court. 5. Mr. N.H. Khandker, learned Advocate, appearing for the respondent No.1 submits that the person dispossessed without the consent or otherwise than in due course of law, can claim for recovery of possession under Section 9 of the Specific Relief Act and even the t..Category: Property Law | Date: | Hits: 51
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....993, that as per aforesaid Memo, inters seniority of the departmental candidates should be determined by the date of their passing the examination in part-1 of the T & T Accounts service, that provision in T & T Manual also provides principle of determining seniority on the basis of resu......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......ef, is that on 23.05.1997 informant (P.W.I) Mst. Tanjila Khatun along with her husband Jamaluddin and son Jewel started at 6,00 A.M. from their residence at Ullapara for the house of her father-in-law (P.W.5) Md. Sirajul Huq at village Sandial Salap by Honda and reached there at 7.30 A.M. Leavin..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......h Court Division, contended that the impugned order dated 29-3-2001 passed by the High Court Division granting bail of the accused-respondent during the pendency of the trial of the case is bad in law and is liable to be set aside. Because of the fact, the accused-respondent suppressed the repor..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......udgment the petitioner was fugitive from justice and failed to discharge his obligation as per condition of bail bond. The petitioner filed the revisional application after being apprehended by the law enforcing agency on 2nd May, 2005, although the judgment in the appeal was passed on May 14, ..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......also directed the Registrar to take the document in his custody and send the same in safe cover to the Fifth Court of Joint District Judge for prosecution of D.W.1 Abdul Awal Minto in accordance with law and directed the Joint District Judge, Fifth Court, Dhaka to make a complaint against D.W.1 Abdu..Category: Property Law | Date: | Hits: 75
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....ermissible to the original director in whose place he has been appointed and shall vacate the office. Sub-section (3) further provides that if the term of the original directors is determined, any provision for reappointment of retiring directors in default of another appointment, shall apply to......tion 95 of the Companies Act, 1994 to enable the appellants to attend the meeting of the Board of Directors of the respondent no. 1 Social Investment Bank Ltd. The appeals involve same question of law on the self-same fact and disposed of by the same judgment by the High Court Division, and have..Category: Business or Commercial Law | Date: | Hits: 147
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