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Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....urt (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 be entertained lightly. The provisions under Articles 2......l Appeal No. 86 of 1997. Since both the Review Petitions are between the same parties involving substantially the same facts and points of law, the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No. 45 of 1993 by leave aro......re, 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 the record occasioning failure of justice, review petition ......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. ......tion 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 order of the learned Magistrate to dir......p; Judgment 12 December 2005 Lawyers Involved: Md. Rafiqul Islam Mia, Advocate, instructed by Md. Nawab All, Advocate-on-Record- For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zahirul Islam, Advocate-on-Record For the Respondent. ......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. ......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. ......02.2004 passed by the High Court Division in Death Reference No. 40 of 2001 and Criminal Appeal Nos. 3428 of 2001, 5469 of 2001 and 2093 of 2001.) Lawyers Involved: Abdur Rouf, Deputy Attorney General instructed by Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner. Abu......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)
....p; of the Code of Civil Procedure which enables the respondent to seek a relief even without filing an appeal or cross-objection and that relief also could be given beyond the leave order for ends of justice and.iri order to do complete justice by rejecting the plaint on the ground that the sui......read with section 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 Ar......of the suit under section 42 of the Specific Relief Act read with section 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 i......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)
.... 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 an error in the decision causing failure of justice in affirming the findings of the learned S. C. C. Judge, which has seriously prejudiced the ......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. ......sp; Syed J R Modassir Hossain, J: Anil Ranjan Deb defendant-petitioner seeks leave to appeal against the judgment and order dated 17 April, 2001 passed in Civil Revision No. 576 of 19......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. ......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. ...... 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. ......us Case. Moreover, the order in the said Miscellaneous Case was passed on 13.11.1997 and the petitioner was given 5 months time to repay the outstanding dues but the petitioner did not pay any amount according to his own admission. 10. Considering the facts and circumstances o......nbsp; Judgment April 27, 2003. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 229 of 2002. (From Judgment and order dated 2.8.2001 passed by the High Court Divisio...... 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)
....unal. The appellant does not appear to have informed the Tribunal at the hearing of this appeal (181/95) as to the subsequent promotions. Thus was necessary for strengthening the litigation and doing justice to the case. In that event the Tribunal could take judicial notice of the event happening af......osts with his juniors Mostafa Tareq Hossain and others. 3. The Administrative Appellate Tribunal allowed the appellant's aforesaid appeal on 24.6.1996 to the, following effect: "The appeal is accordingly allowed on contest but without any order as to cost. The impugned judgment and order dat......cretary, Ministry of Establishment and others………………………………………………….Respondents Judgment May 16, 2005. Result: The appeal is allowed. Case Referred to- Abdul Motalab Mian Vs. Secretary, Establishment Division and others, 1982 BLD 144. Lawye......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)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......the order made on August 12, 1994 in Appeal Case No.5 of 1994 by the Appellate authority and District Co-operative Officer, Dhaka affirming the judgment and order dated April 12, 1994 of the Arbitrator and Inspector of Co-operative Societies, Dhaka in Dispute Case No. 65 of 1993, filed under sec......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)
....ere in its revisional jurisdiction to correct the gross error of law committed by the trial Court as well as by the appellate Court resulting in a serious error in the decision occasioning failure of justice. The High Court Division as seen from the order under appeal failed to advert itself to the ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......s. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......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)
....ts of the two appellants constitute at best an offence of culpable homicide not amounting to murder punishable under Section 304, Part I of the Penal Code. We are, therefore, of the view that ends of justice would be met if the two appellants are convicted thereunder. 15. In view of the discussi...... 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: ......ondent (In both the cases) Result: The appeals are allowed in part. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Appellants(In both the cases). Abdur Rouf, Deputy Attorney General, Instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondent (In both ......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
.... background of the discussions we are of the view no interference with judgment sought to be appealed is called for.
Accordingly the petition is dismissed.
Ed.
This Case is also Reported in:...... background of the discussions we are of the view no interference with judgment sought to be appealed is called for.
Accordingly the petition is dismissed.
Ed.
This Case is also Reported in:......by A.K.M. Shahidul Huq, Advocate-on-record- For the Petitioners.
Md. Nawab Ali, Advocate-on-record-For Respondent No.1.
Not represented-Respondent Nos. 2 & 3.
Civil Petition for Leave to Appeal No. 1232 of 2002.
Judgment
Md. Ruhul Amin J.- This petition for leave to appeal is...... 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: ......ent on 02.12.1963 who sold the same in favour of his wife Asdeka Khatun on 27.09.1966 and she in her turn transferred the property to one Jainab Khatun by registered deed of sale dated 17.12.1966 and according to the petitioners the aforesaid Jainab Khatun transferred the property to Mrs. Sahera Ras...... Result: The leave petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-On- Record- For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 591 of 2002. Judgment Amirul Kabir Chowdhury J.- At the instance of the writ p......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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