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Displaying 6901-6920 of 6947 results.
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....i) Bearing Unit complete blower side VTR 2000. (iv). Bearing Unit complete turbine side VTR 2000 and (v) Lubricating Disc for VTR 200 has fallen into an error of law in not decreeing the suit upon an erroneous view that the plaintiff could not make the supplies to the foreign ship without obtaining ......not entitled to any decree in the suit. 4. After considering the evidence adduced by the parties learned Admiralty Judge dismissed the suit by the impugned judgment dated 3-8-1998 on the view ‘that plaintiff has not in fact supplied the spare parts, provisions and provided laundry..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
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 ...... 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 ..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. ...... Judge, Dhaka for declaration of the title and partition of the suit properties. That suit on contest was dismissed by the trial Court which decree was affirmed up to the Appellate Division where a review petition was also filed which too was rejected. The petitioners then instituted Title Suit No. ..Category: Property Law | Date: | Hits: 101
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. ...... for accused-respondent Sekandar who gave order to his son Bijoy to assault deceased Munir. 19. Mr. Malek submits that the evidence against accused Sekandar is not conclusive in nature and in that view he is entitled to an acquittal. From the evidence of the PW 1 Abdul Jalil and PW 4 Siraj Al-Mam..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. ......bsp; 21. We have already pointed out that the trial court and the appellate court did not assign any cogent reason for disbelieving an old registered document of the year 1935. In view of the discussion above, we are of the view that the High Court Division did not commit any err..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. ......shy;ment 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 materials on record and that the prosecution withheld material evidence to establish the..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 ......ng to the findings and decisions of the trial court illegally held that the accused respondent is not guilty of the charge leveled against him. 8. The learned Counsel next argued that in view of the proper discussion and assessment of the evidence on record it is found that confess..Category: Criminal Law | Date: | Hits: 106
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. ...... obtained a Rule in the aforesaid Civil Revision case, which was discharged on contest by the judgment and order appealed from. 3. Leave was granted virtually to consider as to whether in view of the decision of this Division that interest in a monthly tenancy is heritable and the fact t..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......le preparing for payment of the said additional amount of salami the Ministry of Land cancelled the lease earlier made in favour of the Company by the letter dated 18.06.1990. The appellant filed a review petition on 21.07.1990 before the concerned Minister and it was considered and the respond..Category: Property Law | Date: | Hits: 127
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. ......hority and why the respondent therein should not be directed to publish the M.Sc. examination result held in the year 1995. The said rule was disposed of with the direction as under: "In view of the fact that University, pursuant to the decision of the Syndicate considering the res..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....t be disturbed by the High Court in a second appeal even if it disagrees with that finding on its own view of the evidence although the concurrent finding of the lower courts may appear to be grossly erroneous, unless, as laid down in sub-section (c) of Section 100, the error or defect discovered is......suit land. According to the learned Advocate this finding of fact with regard to adverse possession has been wrongly misconstrued by the learned Single Judge of the High Court Division and on that view wrongly dismissed the suit. The learned Advocate further submits that concurrent findings of fa..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
.... stands still valid. 8. In the above facts and circumstances we are of the view that the High Court Division on a wrong approach to the facts and evidence and materials on record arrived at an erroneous decision and made the Rule absolute and the judgment and decree passed by the District Jud......;time the plaintiff was dispossessed as claimed by him. So, we are unable to agree with the findings of the High Court Division that the subsequent suit was barred by res judicata. We are also of the view that Title Suit No. 222 of 1992 having been filed within 12 years from the date of disposses&sh..Category: Property Law | Date: | Hits: 175
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. ......de. 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 that the plaintiff respondents failed to rebut the presum..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. ......ted 25-5-1996 is quoted below:- Bangle text 7. From the contents of the said application, we find that the High Court Division while remanding the case to the trial court wrongly took the view that the appellate court disposed of the appeal without disposing the earlier application ..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. ......hat the writ petition is a device to side track and ignore the order of stay passed by the High Court Division is also not based on materials on record. 15. In the circumstances, we are of the view that the High Court Division committed an error of law in discharging the Rule issued in t..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. ...... 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 is also dela..Category: Anti-Corruption Laws | Date: | Hits: 94
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......thout considering the evidence illegally convicted the petitioner and there is in fact no evidence. 6. We have considered the submissions made by Mr. Nowab Ali, Advocate-on-Record, and in view of the materials on record and the findings and decisions as arrived at by the High Court Divis..Category: Criminal Law | Date: | Hits: 89
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. ......on. The High Court Division having considered the facts and circumstances of the case found that the specific allegation of snatching away was mentioned in the FIR and the offence comes within the purview of section 4 and 8 of the Jana Nirapatta (Bishesh Biddan) Ain and provision of Section 3 o..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. ......ceeding drawn against him by the bank and ultimately the bank dismissed the respondent from service on 27.03.1997 and the appeal filed by the respondent was also dismissed and then he preferred a review petition on 27.10.1999 to the authority and the authority reinstated him in the service but r..Category: Anti-Corruption Laws | Date: | Hits: 83
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......the finding that the prosecution has been able to prove occurrence and the direct participation of the petitioners in the incident leading to death of Rafatullah. The High Court Division, in our view, has rightly made the following observation: "We have already found earlier that t..Category: Criminal Law | Date: | Hits: 99
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