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Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......the hostile attitude of the accused persons the informant and his sons rushed to their dwelling house and took shelter in their respective dwelling huts. The accused persons then by forming an unlawful assembly at about 8.00 A.M. entered into the dwelling house of the informant and started thro..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......spondent acted as local agent engaged as a daily rated employee. The learned Counsel lastly submitted that he High Court Division was wrong in not declaring the impugned judgment (Annexure-H) without lawful authority on the ground that the Labour Court has made out a third case holding that the firs..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......nt and order of the High Court Division making the Rule absolute declaring that the impugned Memo No. 2(14) Customs 8/90/307 dated 8.2.1996 vide Annexure -C of the Writ petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permissio..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......to this appeal. 4. Mr. Khandker Mahbubuddin Ahmed, learned Counsel appearing for the defendant appellants submits, inter alia, that the learned Single Judge of the High Court Division erred in law in setting aside the concurrent finding of facts of both the courts below with regard to the pos..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in due course of law and can exercise his right of possession restraining everybody including the real owner. In a s..Category: Property Law | Date: | Hits: 43
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ...... and orders dated 03.03.2002 passed by a Division Bench of the High Court Division in Writ Petition Nos. 3142 of 1999, 4469 of 1999, 4470 of 1999, 4471 of 1999 and 4472 of 1999. As common question of law and fact is involved in all these petitions these were heard together and are disposed of by thi..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......award dated 21.9.1991 signed and delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of t..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......Nisi calling upon the respondents No. 1-3 to show cause as to why their actions relating to further promotion of the officers mentioned in Annexure B should not be declared to have been taken without lawful authority and to be unconstitutional and violative of the petitioner's fundamental rights gua..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......erty had vested as an abandoned property under President's Order No. 16 of 1972 and that as per Article 14 of P.O. No. 16 of 1972 the property having vested in the Government by operation of law the same cannot be subjected to any legal proceeding and as such the suit for declaration of tit..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......rpreting exhibit-5 the deed of executed by Ataul Haque Chowdhury in favour of the plaintiff-predecessor Mansur Ahmed and this having being not done, the High Court Division committed an error of law which resulted in an error causing failure of justice. 10. Mr. A. J.&..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......fence of the proceeding. 4. Mr. Shamsul Huda Manik, the learned Advocate, appearing for the accused-petitioners, firstly contended that the High Court Division committed an error of law and fact in not quashing the proceeding in view of the allegations disclosed in the complaint pe..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... con tract by the plaintiff the amount of earliest" money and the money subsequently paid by the plaintiff has been legally forfeited and as such the impugned judgment suffers from error of law. 9. He further submits that, the tender notice was floated inviting tender for selli..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: Unless there is any serious ground relating to error of law apparent on the face of the record occasioning failure of justice, review petition should not b..Category: Property Law | Date: | Hits: 97
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......ns (1) to (3A) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under Sub-section (1)". 12. The aforesaid provision of law envisages that nothing in the Section shall preclude further investigation in respect ..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......d to be tried. The defence plea was that the confessional statement of Mafizuddin was neither voluntary nor true and the same was extracted by the police inhumanly torturing him keeping him in unlawful police custody. 3. The prosecution in this case examined 14 witnesses and the defendan..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......tion 56 (f) could be eventually decided on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of ..Category: Employment/Service Law | Date: | Hits: 211
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......t of payment of rent by the petitioner are based on no materials on record and as such the findings and decisions as arrived at by the learned S. C. C. Judge are erroneous and can not be sustained in law. The learned Single Judge of the High Court Division also committed an error of law resulting in..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......;lenging the legality of the aforesaid Act which is registered as Writ Petition No. 4809 of 2003 in the High Court Division and another shareholder of the Dhaka Bank also challenged the aforesaid new law in Writ Petition No. 3482 of 2003 and it was brought to the notice of the Chairman designat..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... of the view that the High Court Division has rightly dismissed the aforesaid Misc. appeal and discharged the connected Civil Rule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave pe..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......ired so there is no scope to promote him in the Post of Commissioner of Taxes. The Ministry of Establishment agreed with the claim of the appellant but did not execution the orders in accordance with law. The said order of the Ministry of Establishment dated 10.8.2000 is illegal and void as it is vi..Category: Administrative Law | Date: | Hits: 162
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