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Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....fore depositing the amount of salami money by the appellant in the Government Treasury. 11. It is not disputed that in terms of Annexure-D no action was taken by the Deputy Commissioner as per provision of G. E. Manual in the matter of granting long term lease of the land in favour of the app......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. ..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....y General appearing for the appellant submits that the High Court Division committed illegality in totally failing to making the rule absolute without giving any finding or reasoning as to which provision of relevant law has been violated in canceling the examination result of the writ pet......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)
.... this petition. 4. In support of the petition, Mr. Sharif Uddin Chaklader, the learned Advocate-on-record, submits, inter alia, that taking cognizance of the offence under the provision of Jana Nirapatta Ain is illegal inasmuch as the investigating officer during investiga&sh......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
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....f the prosecution case is believed then the appellant can at best be convicted under section 323 of the Penal Code as a piece of stone can not be termed as a weapon of offence in order to attract the provisions of section 324 of the Penal Code. 8. The learned Additional Attorney General......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)
....hs pay in lieu. Nothing has been filed to show either any admitted claim or contract that upon his termination of service he was entitled to 6 month's notice, on the contrary, under the provision of section 19 of the Employment of Labour (Standing Order) Act it is provided that upon&qu......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)
....etitioner allowing him to import duplex board. 7. Mr. Nitai Roy Chowdhury, the learned Advocate appearing for the respondent has, however, submitted that the appellant having not followed the provision of law in the matter of consideration of an application to import the duplex board affecti......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)
....g 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 Act, 1940, assume jurisdiction in the instant case as an sole Arbitrat......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)
....ners having had filed case before the Administrative tribunal for determination of their seniority and that case being still pending as such a writ petition for determination of seniority under the provision of Article 117(2) of the constitution being barred and also in view of the decisions of th......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)
....that the appellant had no locus standi to institute the suit as the suit property had vested in the Government as an abandoned property; that the suit is , therefore, liable to be dismissed under the provisions of the President's Order No. 16 of 1972, and that the appellant may fight out the cas......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
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