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Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)
....ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ......d Additional Sessions Judge framed charged against the petitioner and others under sections 392 and 411 of the Penal Code. 2. The High Court Division discharged the Rule upon observing that in view of the materials on record there is no ground to set aside the charge already framed against th..Category: Criminal Law | Date: | Hits: 90
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. ......rosecution case materially because of the other evidence on record. 15. Therefore, in the facts and circumstances of the case and in the light of our above discussion, we are of the view that the prosecution has been able to prove the case beyond all reasonable doubt against accuse..Category: Criminal Law | Date: | Hits: 95
National Board of Revenue and othÂers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant proÂvisions 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: ......quently the impugned order was passed as aforesaid. The appellants thereupon obtained leave to consider as to whether the writ petitioner having claimed that he is entitled to import duplex board in view of SRO dated 10.12.1984 but schedule 3 of the said SRO having not included duplex board, the Hi..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and othÂers Vs. Shwkat Ali and othÂers, 2006, 35 CLC (AD)
....dants claim of title or possession in the suit land has got no leg to stand. Placing the judgment of the High Court Division Mr. Khan, submits that the learned Single Judge has correctly reversed the erroneous findings of the courts below and as such the judgment of the High Court Division is above ......misleading the survey staff got their names recorded in the record of rights and based on such wrong record of rights, the defendants obtained rent receipts showing payment of rent. In view of the facts and circumstances and materials on record this contention of the learned Coun..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. ......, the judgments and decrees of the Courts below and the impugned judgment are set aside and the suit is remanded to the trial Court for disposal in accordance with law. 12. In view of the above, the appeal is allowed without any order as to costs. Accordingly the ..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 ...... respondents were workers and as such the writ petitions at their instance against their dismissal from service were not maintainable without first approaching the Labour Court for relief and in that view of the matter the judgment of the High Court Division is liable to be set aside. 5. The ..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. ......1 did not appoint any arbitrator on his behalf and after waiting for six weeks the appellant requested their appointed Arbitrator to start arbitration proceeding as sole arbitrator. In that view of the matter the Arbitrator appointed by the appellant as per provisions of the Arbitration Ac..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. ......nation of their seniority and that case being still pending as such a writ petition for determiÂnation of seniority under the provision of Article 117(2) of the constitution being barred and also in view of the decisions of the High Court Division, the High Court Division acted without jurisdiction..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
.... is so advised". 7. Leave was granted to consider the submission of the learned Advocate for the appellant that the finding of the High Court Division that the suit is not maintainable is erroneous in as much as civil court has inspite of the provision of Articles 13,14 and 16 of P.O. 16......pellant may fight out the case in proper forum against the Government and not be institution of the present suit; that he further asserted in his additional written statement filed on 29.3.84 that in view of the findings of the Prescribed Authority, the petitioner should take proper steps in a prope..Category: Civil Law | Date: | Hits: 128
Abdul Malek and othÂers 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. ......ammad Ali, the learned Counsel appearing for the respondents, on the other hand, contended that having regard to the facts and circumstances of the case and in view of the materials on record the learned Single Judge having applied his judicial mind..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. ......of fishes from the pond and in order to stopping the escape of fishes the complainant-respondent raised bamboo fence and put up the net around the bank of the pond. But the accused-petitioners with a view to causing financial loss to the respondent removed fence and the net. Thereby, they allowed th..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. ......ontract was formed between the parties inasmuch as there was clear offer and acceptance between the parties and in case of breach of warranty the plaintiff was entitled to ask for damages and that in view of the letter of the plaintiff exhibit-Kha and exhibit-10, it is evident from the conduct of th..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......li and after him by his successive heirs and they paid rent, rates and taxes separately. The parties are also not co-sharers and has no community of interest in the suit land. 8. In view of the discussion made above we are of the view that the High Court Division upon correct asses..Category: Property Law | Date: | Hits: 66
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. ...... The Code of Civil Procedure, 1908 (V 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 t..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......r in force because of the amendment of the model service Regulation' made on 24.9.1991 by the Government that the writ-petitioner is not entitled to any pension and other retirement benefits in view of the provision of Section 10 of the Public Servants (Retirement) Act, 1974 ..Category: Employment/Service Law | Date: | Hits: 109
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. ...... of Police holding further investigation submitted supplementary charge sheet under Sections 302/114/34 of the Penal Code. 9. The learned Advocate for the petitioner submits that in view of filing naraji petition and, according to him, without considering the naraji petition the or..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. ...... in police custody beyond the period permitted by law. The High Court Division has rightly held that the confessional statement of accused Mafizuddin is not true and voluntary. 10. In our view, the High Court Division upon proper and correct assessment of the materials on record arrived ..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. ......tatement in service is barred under section 56F of the Specific Relief Act as where the contract is not specifically enforceable no injunction can be granted. The learned Counsel further submitted in view of the prayer for a declaration that the plaintiff is still in service and entitled to be reins..Category: Employment/Service Law | Date: | Hits: 211
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....of Property Act and the alleged default 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 ......Judge, which has seriously prejudiced the petitioner. 6. Mr. Harandra Nath Nandi, the learned Advocate, appearing for the respondent-plaintiff, on the other hand, contended that in view of the materials on record, the learned S. C. C. Judge found the petitioner being tenant u..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. ......n and the Company Court after hearing the parties by its order dated 15.4.2002 was pleased to allow the application of the respondent after invoking its jurisdiction under section 85(3) of the Act in view of the facts and circumstances of the case and condoned the delay in holding the AGM for t..Category: Business or Commercial Law | Date: | Hits: 118
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