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Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......appellant filed the petition for leave to appeal and obtained leave on 16-8-1999 to consider the following submissions: “That the learned Judges of the High Court Division erred in law in not holding that the application for amendment filed long after 30 days as provided in Rule 4..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......os. 2 to 6 and these defendants filed an application under Order VII rule 11 read with Order XIV rule 2 of the Code of Civil Procedure for rejection of the plaint or in the alternative for hearing on law point first which prayer was rejected by the learned Subordinate Judge by Order dated 27-7-1999...Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......able. There are various decisions from Indian jurisdiction where it has been held that for fundamental basic principle of justice and fair play or where a patent or flagrant error in the procedure of law has crept in or where the order was passed resulting in manifest injustice the High Court Divisi..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......hip between the transferee and transferor is that of a Pir and disciple who is not a well educated woman burden of proof is on the Pir to establish that the transfer was valid and legal. Principle of law in this respect is to protect persons whose disabilities to fully understand the nature and effe..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... 12 gave an explanation that due to fear of his life he did not disclose immediately to the police details of the occurrence and finding the same satisfactory and considering the present condition of law and order situation in the country and finding no infirmity in the statement of this witness bef..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ...... that the suit for partition simpliciter is not maintainable. 8. Leave was granted to consider the submission that the learned Single Judge of the High Court Division erred in law in failing to consider that both the courts below disbelieved the defendants claim that Yas..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ed before us the impugned judgment of the High Court Division as well as the judgment of the learned Sessions Judge and thereafter he submitted the High Court Division erred in law in not considering that the order of conviction and sentence is bad in law in view of the materi..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ...... corroborated by independent witness and also by documentary evidence and further by circumstantial evidence and as such the conviction and sentence as passed by the Special Tribunal is valid in law, but the learned Appellate Court illegally set aside the judgment of the Tribunal causing failur..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......e achieved. II. Because the limit of the expiry of the validity of the selected persons in 1997 was arbitrarily fixed first upto 31.12.98 and then upto 30.6.99 without any sanction of law and nexus with the objective to be achieved and as such it was arbitrary and malafide. ..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......t in a monthly tenancy is heritable and the fact that the ex parte decree obtained in O.C. Suit No. 29 of 1972 has no direct bearing on landlord-tenancy relationship, the High Court Division erred in law in not holding that the Misc. Case initiated under Rule 13, Order IX C.P.C. had abated for not m..Category: Procedural Law | Date: | Hits: 83
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ......eyond the pleadings and the impugned order dated 27th October, 1998, that the learned Judges of the High Court Division were in serious error in declaring withholding of result of the petitioner as unlawful, since none of the order impugned in the writ petition shows that result of the petitioner wa..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......ugned judgment submitting that the High Court was incompetent to disturb the finding of fact arrived at by the final Court of fact on consideration of evidence on record inasmuch as such erred in law in disturbing the finding as to adverse possession arrived at on the basis of the evidence and..Category: Procedural Law | Date: | Hits: 112
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......ent and decree passed by the appellate court was set aside. 5. Leave was granted to consider the submission that the learned Single Judge of the High Court Division committed an error of law in reversing the decision of the appellate court in view of the finding of the appellate court t..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ...... making the Rule absolute and thereby remanding the case to the appellate court below with a direction to dispose to the application dated 20-4-1995 and thereafter to dispose of the case according to law. 2. In this appeal, leave was granted in the following terms: - "Mr. Mahbubey Alam..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......having not been posted in the cause list for "hearing of the Rule", but was posted for hearing as "application", the High Court Division committed grave error of law in deciding the writ petition on merit and such error led to error in the decision in dischargin..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......om the police reports (charge sheets) that the petitioner had already been dismissed from service and as such we do not find any reason to hold that trial of the petitioner without sanction is bad in law. In such view of the matter the submissions do not merit consideration. Moreover, the petition..Category: Anti-Corruption Laws | Date: | Hits: 94
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......oyee of Bangladesh Bank was known to the accused Abdur Rashid @ Jahangir and Bachchu and that they requested him to visit the house of accused Abdur Rashid and proposed marriage of his sister-in-law with A. K. M. Amirul Alam and also gave a proposal to invest Tk. 3,00,000/- for manpower busi&sh..Category: Criminal Law | Date: | Hits: 92
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......na Nirapatta Ain is illegal inasmuch as the investigating officer during investigation did not find any material to make out such a case and so he did not submit charge sheet under the aforesaid law. More so, according to the learned Advocate-on-record, the Tribunal itself gave order to sub..Category: Criminal Law | Date: | Hits: 81
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......ion applies according to which imposition of a penalty of reduction in rank may be made for specified period. But in the order complained of no such period being mentioned it could no be sustained in law and the appeal filed by the present petitioner bank before the Administrative Appellate Tribun..Category: Anti-Corruption Laws | Date: | Hits: 83
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......f the High Court Division. 7. The learned advocate-on-Record has placed the impugned judgment of the High Court Division before us and contended that the High Court Division committed error of law in upholding the conviction and sentence of the petitioners of the basis of confessional stateme..Category: Criminal Law | Date: | Hits: 121
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