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Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......or partition but they having refused, he had to institute the instant Suit. Subsequently, on 13.11.2002, the plaintiff also filed an application under Order 40 Rule 1 read with section 151 CPC for appointment of receiver for the suit properties whereupon the learned Joint District Judge issued n..Category: Property Law | Date: | Hits: 36
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......;that Accountant Service is a cadre having three classes (a) Probationers (b) Junior Accountant (c) Senior Accountant. And the seniority of the cadre shall be determined from the date of permanent appointment in the post of junior Accountants and the direct recruits being senior in t..Category: Administrative Law | Date: | Hits: 125
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......sociation of the Bank. The office of the above mentioned directors falling vacant was confirmed in a resolution at the 64th Board meeting of the Bank held on 8.7.2001 (Annexure-J). Consequently the appointment of the appellants as alternate directors are no longer valid. Section 101(2) of the Com..Category: Business or Commercial Law | Date: | Hits: 147
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....shad and other nominated Government functionaries. 4. The appellant's grievance, as made out in the petition, is that by the impugned Act and actions pursuant thereunder the basic character of an independent, neutral, impartial and voluntary non-governmental humanitarian body as envisaged by t...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....imed any interest in the estate of the deceased dependent of the testator and though a third party. Nor has she set up title adverse or paramount to the title of the testator. Her claim is not also independent of the Will as she claims through the executant of the will. At least, she has a possibi......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......d take decision to promote an employee and finally to make order for promotion. In the Rules regulating service condition of the employees of the Board it is provided that ordinarily appointment of the employees of the Board except the Chairmen shall be advertised and the Boar..Category: Employment/Service Law | Date: | Hits: 54
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ...... illegal pay scale was cancelled and their pay was fixed at Tk.325-610. As par approved set up of the Dredger Department there is no post of Master in B-Type vessel and as such the question of any appointment in B-Type Vessel did not arise. 12. Upon hearing the parties, the Labour Court a..Category: Employment/Service Law | Date: | Hits: 55
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......7.2000 passed by the High Court Division in Civil Revision No. 664 of 1994 discharging the rule. 2. The appellant challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the A..Category: Procedural Law | Date: | Hits: 70
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
...., the learned counsel appearing for the accused petitioner submits that the trial Court passed the order of conviction only on the basis of the evidence of the informant and her mother and no other independent witnesses were examined and the learned Session Judge as well as the High Court Di......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....ed judgment is liable to be set aside. 6. He then submits that there is no evidence as to what was the place of occurrence nor the witnesses examined by the prosecution were as all independent and it was found as such by the Sessions Judge while acquitting the petitioners and in ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......996 disposing of the Rule with the direction that the writ petitioner shall be deemed to have been made as Professor in the Department of Architecture of the BUET on the date on which the impugned appointments of respondent Nos.4 and 5 had been made and to place the writ petitioner's name in the..Category: Employment/Service Law | Date: | Hits: 87
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....prepared in the name of the plaintiff's father or in the name of the plaintiff, that there is no evidence that on the basis of the deed of gift plaintiff's father went into possession, that no independent witness has been examined by the plaintiff to prove his case. On the aforesaid finding......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....Tenancy Act (SAT Act), that plaintiffs have proved their case by the Ext.1 i. e. kabalas. As against the judgment and decree of the trial Court the defendant went on appeal. The appellate court on independent consideration of the evidence of the parties arrived at the findings that the plai......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....o be the normal price which they would fetch on the date referred to in section 30, that is the dale of submission of the bill of entry, on its sale in the open market between a buyer and a seller independent of each other. However where in exercise of power under section 25(7) of the Customs Ac......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......or to exercise all powers and do all acts and things which may be exercised / done by the Board. The Board in its meeting No. 61 dated 01.06.1983 having delegated to the Managing Director power of appointment of officers upto the level of Deputy General Manager and also the power of making final..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
.... purpose of the suit and therefore that the High Court Division committed an error of law in setting aside the judgment of the court of appeal below without reversing the findings that there is no independent evidence that Basanta Kumar accepted the Kabuliayat executed by the plaintiffs and also......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ...... (AT) Dhaka in Case No. 310 of 1994 dismissing the same. 2. Respondent filed the aforesaid case before the AT challenging the order dated 18.8.1994 of the Ministry of Finance cancelling his appointment as Economic Counselor in Bangladesh Embassy at Stockholm in Sweden alleging that the or..Category: Administrative Law | Date: | Hits: 123
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......hers i.e. Kali Kishore Dutta, Kali Prosanna Dutta, Kali Sankar Dutta, Kali Bhusan Dutta left for India long ago and became Indian citizens and dispute having arisen among the sons of Janaki regarding appointment of shebait, Kali Pada Dutta the remaining son of Tanaki who alone remained in the countr..
Category: Civil Law | Date: | Hits: 111
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....s tried with the confessing accused excluding confessional statement altogether and to see whether evidence so marshalled if believed a conviction could safely be based on it and if Court finds--that independent of confession conviction can be based on the evidence marshalled then it is not required......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....t argued that the expression "has otherwise any pecuniary interest" contemplates an interest other than an interest in connection with any contract for work to be done, but it refers to an interest independent of any contract. The principle of 'ejusdem generis', origin from or belonging to same cl......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
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