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Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......the record or any other substantial cause. Review is therefore by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies only on pateni error. In the instant case the review was sought for on the ground of misapplication of certain decision cited to hold th..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......ul authority and further directing respondents to lease out the disputed land to the writ petitioners till character of the disputed land is decided by the civil Court. 2. The case of the writ petition, in short is that one Ram Chandra Moni purchased 7.83 acres land by kaba..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......ial status in the matter of condonation of delay and it is well settled that they should be treated equally with other public litigants. He submits that the Government respondent failed to make out a case for condonation of delay of such a long time and the explanation is not at all satisfactory. ..Category: Procedural Law | Date: | Hits: 121
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ...... The Administrative Tribunals Act, 1980 (V of 1981), Section 4 The Administrative Tribunals Rules, 1982, Rule 7 The execution case was dismissed on the ground that the order passed by the Tribunal was declaratory without any..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......ndent inflicting major penalty upon the petitioner for having made financial mistake was whimsical on the part of the respondent and that the High Court Division did not consider this aspect of the case. 8. Lastly he submits that the order of punishment of removal from service is grossly..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ...... entertainment of any suit or application against any order or action under the Act. So, embargo embodied under section 44 of the Ordinance 1992 has closed the door of the Plaintiff in the present case to file and maintain the suit……………….(33 & 34) ..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......e 4th Court of Subordinate Judge and Artha Rin Adalat, Dhaka and the same was transferred to the Subordinate Judge and Additional Artha Rin Adalat No.2 as Title Suit No.220 of 1992. The plaintiffs case was that the petitioner No. 1 is a trading institution and defendant-petitioner No.2 is the pr..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......igh Court Division in Writ Petition No. 2918 of 1998 thereby declaring the order passed by the respondent No. 1 Government of Bangladesh on 07.09.1998 to be without lawful authority. 2. The case of the writ petitioner respondent No. 1 is that he passed his Alim (equivalent to Intermediate..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......t enemy property (now vested property). 3. Defendant Nos.1, 2 & 3 contested the suit by filing separate written statements. They denied the material allegations made in the plaint. Their cases are almost similar and hence these are discussed together. They contended that Kali Charan, ..Category: Property Law | Date: | Hits: 51
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......inance, 1982 (II of 1982) (Amending Act 20 of 1994), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files a revision award case. That itself can sufficiently be considered to indicate that the affected person did not accept..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......ed under Section 18(a) and 18(b) of the Arms Act, 1978 alleging that Fatullah P. S. Case No. 10(2)88 U/s. 18(a) of the Arms Act and Sections 3 and 4 of the Explosive Substance Act was started. The case of the petitioner was that his father was a respectable person and had a licensed gun and upon..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......84 of 1996 before the Administrative Tribunal; Dhaka with a prayer for setting aside the order of retirement dated 1.6.1995. The Administrative Tribunal after hearing the parties allowed the case on contest by the judgment and order dated 15.9.1998. The Administrative Tribunal disposed of..Category: Administrative Law | Date: | Hits: 124
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......154 of 2000 arising out of C.R. Case No. 130 of 1999 corresponding to Petition Case No. 1572 of 1998 in the Court of Magistrate, 1st Class, Combined Criminal Court, 'Ka' Anchal, Gaibandha. 2. The case arose out of a complaint at the instance of one Md. Hasan Karim, Director of Raqib Food Industr..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......f Section 4 of Artha Rin Adalat Ain 1990 are also ultravires the Constitution. A Judge has to be firstly appointed by the President, in consultation with the Supreme Court and in the instant case the appointment and subsequent posting having been not so made the action if ultra vires and ..Category: Banking Law | Date: | Hits: 121
....ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
...... the order impugning which the writ petition was filed i.e. regarding payment of Tk. 67,59,921.15/- as VAT which the writ petitioner did not pay to the government in the treasury by chalan.
2. The case of the writ petitioner is that on 03.08.2003 the Customs Preventive Team filed a Revenue Evadin..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ...... defaulter has been persistently denied by the appellant (present Respondent No. 4) and the matter is pending before the superior Court and thus "we do not find that there exists such a clear case capable to be decided at the micro level on the interpretation of the relevant law." ..Category: Election Law | Date: | Hits: 120
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ...... on 05.04.2006 should not be stayed on the prayer of the writ petitioner who is disqualified to be a candidate being a bank loan defaulter. 7. Considering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. ..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......of Artha Rin Case No. 55 of 1990 and the decree passed therein as well as the Execution Case No.96 of 1991 of the 2nd Court of Subordinate Judge and Artha Rin Adalat, Rangpur. In the Artha Rin Adalat case Respondent No. 2 was the plaintiff and the appellant was the sole defendant. 10. The appell..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......r has no vested, right for the area in question and his appointing authority is authorized under the law to curtail the area or jurisdiction in view of the decision of this Division reported in the case of Kazi Md. Aminul Islam Vs. Secretary, Ministry of Law 16 BLD (AD)110 and in the case of Mou..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......in is illegal, collusive and void. Thereafter the suit was transferred to 1st Additional Assistant Judge Court, Dhaka and renumbered as Title Suit No.7 of 1994. 3. The plaintiff-petitioner's case in shot is that the property of 68, Motijheel Commercial Area, Dhaka measuring an area of 7 k..Category: Property Law | Date: | Hits: 54
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