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Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......it arising out of it, things attached to the earth or permanently fastened to anything attached to the earth shall not be taken into consideration. The learned Additional Attorney‑General, in view of the definition given in the Act, felt difficulty to assail the award on the ground of allo..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....number of cases this Court including the case of Mazdar Hossain vs. Ministry of Finance reported in 7 BLC (AD) 92 it has been held that: "A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected. A review lies where an error apparent on the face of th......desh, 1972, Articles 104 & 105 The Appellate Division Rules, 1988, Rule 45 The Code of Civil Procedure, 1908 (V of 1908), Order XLVII Appellate Division’s paramount power of review can be exercised to do full and effective justice under the Constitution apart from the power o..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......ation Report and unfolded during trial was that discord in respect of some family affairs between wife Hasi Begum and husband Md. Delwar Hossain Faraji commenced and that discord stood accelerated in view of an illicit relationship between husband Md. Delwar Hossain, Faraji with wife of one Mostafa...Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......e pre‑conditions spelt out in the said provisions by issuing the notice demanding the payment and after the expiry of the requisite period as spelt out in the Bankruptcy Act filed the case. In that view of the matter, the learned Advocate submits, this petition under Article 102 is misconceived an..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....e trial court at the same time setting aside the judgement and decree passed by the appellate court as because judgment of the appellate court is tainted with error of law resulting taking decision erroneously occasioning failure of justice. Lawyers Involved: ......the trial Court correctly found the plaintiff could not prove the exclusive possession in the suit land. 7. Having regard to the facts and circum stances of the case, we are of the view that the High Court Division committed no error of law in affirming the judgment and decree of ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......ion 46 of the Act and rule 65 of the Revised Trade Marks Rules, 1963, that is, he ought to have filed an application under TM 26 for expunging or varying the entry made in the register. We are of the view that specific remedy having been provided for in the Act there was/is no scope of invoking the ..Category: Others | Date: 5 May, 2004 | Hits: 4
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......ounsel submits that sufficient facts were given in the relevant paragraphs of the plaint disclosing cause of action and, as such, the High Court Division was wrong in rejecting the plaint upon the view that there was no cause of action for filing the suit. 11. On our reading of the p..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....ground of the discussions made herein above we are of the view that the High Court Division was in error in holding that the pre-emptor was not a co-sharer of the land sought to be pre-empted upon an erroneous view that there was separation of Jama, though in fact in the eye of law there was no sepa......gs as well as petitions of allkinds requiring to judicial investigation of determination require to be verified in the manner as provides in Order 6 Rule 15 of the Code of Civil Procedure, but in our view in a fit case while in the background of the material(s) brought on record relief sought for re..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......on on the rights of the parties and determination thereof and is usually passed in furtherance of any suit or proceeding of the cause of grievance pending before any particular Court. 10. In view of the above, we are in respectful agreement with the principle laid down in the aforesaid deci..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......ped from denying title of the landlord and if he intends to deny the title of the landlord he is to do that upon surrendering possession to the landlord, we do not find any reason to take difÂferent view as regard the aforesaid settled principle of law.. The other contention that litigation is goin..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ...... claims of Taka 2,21,61,674.99. The appellant opposed the claims by filing a written reply to the claims. They specifically challenged the jurisdiction of Mr. Abdul Wadud Chowdhury, J to arbitrate in view of the named Arbitrator in the Arbitration clause of the contract. It was, inter alia, stated t..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ereupon filed appeal before the AAT and the AAT holding "that the learned lower Tribunal has correctly held that there has been no procedural defect in the departmental proceeding. But, in our view, the order of dismissal from service has been made unreasonably severe in consideration of til..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....med as an ordinary commercial contract. Since the respondents have entered into a contract in its sovereign capacity it is no longer an ordinary commercial contract. (3) The High Court Division erroneously held that the petitioner's claim of price adjustment on the basis of clauses 2.24 and 2.......€¦â€¦â€¦.we find that the contract is a conclusive document so far as the bid price and all other relevant matters are concerned. Having regard to the facts and circumstances of the case and in view of our discussion made above we are of the view that the contract having not provided for price..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......ecause of revocation of the power of attorney the defendant (Md. Nurul Huq) instituted Title Suit No. 82 of 1982 for declaring him to be the still lawful and valid attorney of Nirmal Chandra Dutta in view of irrevocable general power of attorney dated 9‑6‑1981 and for declaring that the ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......or detrimental to the career of the writ‑petitioner as an Advocate. 7. The High Court Division rejected the aforesaid contention of the respondent No.1 and 2 and was of the view that mentioning of receiving complaint against the writ‑petitioner in the letter of ter..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......rosecutor………the petitioner cannot claim to be aggrieved by the removal of Borhanuddin or the appointment of Mr. Khandker Abdul Mannan as Special Public Prosecutor. In that view of the matter, we think that the application is not maintainable on the ground that the petiti..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......overning Body has been nominated in accordance with the Provisions of Regulation No. 4 of the Regulation, 1977 and, as such, in spite of being teachers, the petitioners are also Members of the this view of the matter we are of the view that the Governing Body and have got right to challenge the ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......prejudice of any kind and, as such, the High Court Division was in error in quashing the proceeding of the Special Cases on the ground of delay in exercising misconceively its inherent power, that in view of the provision of section 3(2) of the Anti‑Corruption Act, 1957 read with paragraph 59 of t..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....his vital aspect staring, in the face of the evidence on record and thus the impugned judgment convicting the petitioner under section 302 of the Penal Code and sentencing him to death is palpably erroneous and not sustainable in law, thereby this Court committed error apparent on the face of th...... March 22, 2004. The Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing on the evidence already on record when a different opinion could be arrived at on fresh..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......d the same upon observing "the lacuna, we find, in the disposal of the suit by the learned Subordinate Judge is that he ought to have himself examined the alleged signatures of the defendant No. 1 in view of section 73 of the Evidence Act in the event of non‑examination of the signatures by the ha..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
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