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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. ......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)
.... 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 be entertained lightly. The provisions under Articles 23 and 24 of the President’s Order 16 of 1972 are intended to cover......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
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ecause 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 and the prov...... provision of Section 10 of the said Act properly and also did not consider the provisions of the Public Servants (Retirement) Act, 1974 which shall have effect over other laws and regulations, in view of the non-obstante clause contained in 10. 10. This Cour..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....e of the police-station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of Sub-sections (1) to (3A) shall, as far as may be, apply in relation to such report or ......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)
....t if the Court is of opinion that the suit or any part thereof may be disposed of on an issue of law only, it shall try that issue first even without settling issues of fact. The whole object of this provision seems to be that if there is any issue of law on which the entire suit may be dispose......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)
....mitted that the High Court Division directed Mr. K.Z. Alam, Barrister-at-Law and Senior Advocate of this Court to act as the Chairman to call, hold and conduct the meeting in accordance with the provisions of the Company Act but the Managing Director and the Secretary of the Bank who are the in......;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)
....ed that the learned Administrative Appellate Tribunal, having failed to understand the legal implication of General Principle of Seniority of 1970 of the Establishment Division and Annexure-G and the provision of the fundamental Rule 30, committed an error of law in not allowing anti-dated seniority......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
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....hat the Respondent No. 1 get back his shop no. 235(kha). The appellate authority dismissed the appeal with the finding that Dispute Case has correctly been decided. Then the Respondent No. 1 as per provision of section 134(5) of the Co-operative Societies Ordinance, 1984 (the Ordinance) filed Mi......putting thumb impression over the same; that the High Court Division as well as the Court of Additional District Judge and also the appellate authority traveled beyond the scope of the case and the law. 6. The last submission that High Court Division, Court of Additional District Ju..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
.... said apparent error of the courts below in its supervisory jurisdiction vested in it. 7. The question of maintainability of the suit has been raised by the appellant upon placing reliance on the provision of Section 14A of the (Emergency) Requisition of Property Act, 1948 (the Act). The provisi......nd the same was received by them. It was also the case of the Government that Government took over possession of the property so acquired. Lastly it was contended that the suit so filed was barred by law. 4. The trial Court decreed the suit declaring that defendant Nos. 1 and 2 i.e. Government o..Category: Limitation Law | Date: | Hits: 189
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......of the victim was caused by the two appellants with intention of causing death and as such the order of conviction against the appellants under Sections 302/34 of the Penal Code is not sustainable in law. 9. Mr. Abdur Rouf, learned Deputy Attorney General on behalf of the State opposes the appeal..Category: Criminal Law | Date: | Hits: 97
....iction of the High Court Division.
5. The High Court Division made the Rule absolute on the findings that in dismissing the writ-petitioner no departmental proceeding was drawn against him as per provision of section 51 of the Chittagong Municipal Corporation Ordinance, 1982 and the writ-petitio...... 12, 1999. The writ-petitioner suddenly was dismissed on April 28, 1999.
3. It was the contention of the writ-petitioner that he being a permanent Education Officer the City Corporation under the law was not authorized to dismiss him without initiating proceeding, if any, could be initiated in t..
Category: Employment/Service Law | Date: | Hits: 96
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......n was produced before the Court of Settlement. 4. In support of the petition Mr. Md. Aftab Hossain, learned Advocate-on-Record submits, inter alia, that the High Court Division committed error of law in not considering the material documents including the judgment and decree of Title Suit No. 24..Category: Property Law | Date: | Hits: 74
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