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Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......ounsels for the parties and considered the facts and circumstances of the case together with the unqualified and unconditional apology with an undertaking not to repeat the offence again. Since the dispute arose over the continuation of the Managing Committee upon formation of the Ad-hoc Committe..Category: Criminal Law | Date: | Hits: 47
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......ion as such private complaint or police investigation is barred under Section 195 (1)(c) of the Code of Criminal Procedure. He then submits that the civil court is the competent forum to decide the dispute wherein the informant has already filed a suit for declaring the deed in question as forge..Category: Criminal Law | Date: | Hits: 39
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......enant and is thus entitled to protection under Section 18 of the Premises Rent a Control Act. 12. We have considered the submissions and perused materials on record. 13. There is no dispute that the defendant No.1 Sree Shyamal Kumar Paul was the tenant of the plaintiff-respondent..Category: Property Law | Date: | Hits: 31
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Khatun, predecessor of Umme Salma, defendant No.1, purchased 1.00 acre of land out of 1.35 acres of land of Plot No. 125 from Nizam-uddin, who had title to only 0.70 acre of that plot and the dispute arose because of the excess purchase which cannot be validated by the deed of partition. ..Category: Procedural Law | Date: | Hits: 86
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......ed, occurrence did not take place at the alleged time and place of occurrence and the accused persons have been implicated falsely out of grudge and enmity over the union parishad election and land dispute. 4. The case was tried by the learned Additional District Magistrate, Satkhira and b..Category: Criminal Law | Date: | Hits: 34
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......ourt Division in Writ Petition No. 463 of 1998 discharging the Rule Nisi and awarding a cost of Taka 5000.00 to each of the contesting respondents. 2. The salient facts over which there is little dispute are as follows. The leave petitioners, Messrs ASF Rahman, Salman F Rahman, Iqbal Ahmed &..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......afa Kamal CJ.- These two appeals by leave at the instance of the successful candidate from constituency No. 129, Pirojpur-1 in the general election held on 12 June, 1996 arise out of the election dispute being Election Case No. 1 of 1996 filed by the runner-up candidate, respondent No. 1, under..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..Category: Trust/Waqf Law | Date: | Hits: 185
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......ing an application for constitution of Conciliation Court; section 6, prescribing the conditions for the exercise of jurisdiction by Conciliation Court, and section 10, lying down that a party to the dispute may seek his remedy in the ordinary court on failure of the conciliation and a certificate b..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ...... 47, rule 1 of the Code. Mr. T. Ali learned counsel for the respondent on the other hand, contended that none of the above decisions has any bearing in the instant case. In those case there was no dispute about the death of the party concerned. The only question which arose for consideration in ..Category: Civil Law | Date: | Hits: 116
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
.... he was found to be involved in illegal activities and accordingly, he had to face criminal case. The Managing Committee took note of such illegal activities of the respondent No. 8 and pursuant to a resolution of the Managing Committee dated 4-8-2004, the respondent No.8 was asked to show cause wit......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......g to the terms and conditions of the service which are amenable within the jurisdiction of the Administrative Tribunal and accordingly, the High Court Division had no jurisdiction to adjudicate the dispute in view of the Article 117(1) of the Constitution and, as such, the impugned judgment ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......the "concerned authorities investigating" the offences falling under Rule 14 of the EPR, and said Rule is for protection of the citizens of the Republic and that the instant case does not relate to a dispute between two individuals and that criminal acts are offences against the State and that the i..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....read with section 162 of the Evidence Act. 32. In the case of State of Punjab vs. SS Singh AIR 1961 (SC) 493 the question arose, whether the report of the Public Service Commission and the resolution of the Council of Ministers were privileged documents and those were held to be pri......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....or there is no opinion of any handwriting expert. But these are mere words of caution. But in case of dire necessity, Court can resort to section 73 of the Evidence Act and give a decision in resolution of a dispute. But the Court may compare the disputed signature or handwriting with ......is preferable to the Court’s exercising power under section 73 of the Evidence Act. However, in case of extreme necessity, as in the present case, where both the Courts below neither compared disputed signatures nor sent them to handwriting expert, the High Court Division was competent to ..Category: Civil Law | Date: | Hits: 110
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......7 of 1972 placing the same under the respondent corporation is not immune from challenge. Refilling the appellant's contention that the writ petitioner-appellants' claim of shares in the company is a disputed question of fact which cannot be decided in the writ jurisdiction the High Court Division f..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....l upon admitting girls in the newly established School in violation of the Regulations of the Secondary and Higher Secondary Education Board, that the Managing Committee of the School adopted resolution for directing the High School not to admit girls and the said resolution was sent to the...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......but no tenancy was created. 'Ijara', he contends, means a "farming lease" for a temporary period without right of renewal. In support, he has referred to SN Bose's Legal Dictionary. There is no dispute that an ijara right is not a tenancy right and under an "Ijara" kabuliyat no tenancy is crea..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......without assigning any reason and without any previous notice, withdrew the said letter of intent. 3. The appellant opposed the Rule by filing affidavit-in-opposition stating, inter alia, that the dispute in the writ petition involves questions relating to a commercial transaction in respect of w..Category: Others | Date: | Hits: 100
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......her, Golam Bari, that is father of Abu Taher and Abul Kashem, had died about 20 years ago. Both uncle and nephews reside in the same bhiti of their village-Chachuria, PS Banskhali. There was a land dispute between the uncle Abdul Bari and his nephews. Abu Taher and Abul Kashem, for about six yea..Category: Criminal Law | Date: | Hits: 74
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