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Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....at the sanction is also bad in law as it was given without giving prior notice to the respondent has also no substance. The process of sanction is an administrative act and is not subject to any judicial scrutiny. Further, since the Chairman of the NBR is an inseparable and essential constitue......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
....oration stating that non-appearance that took place on 20-08-2000 was bonafide and unintentional, 4. The learned counsel for the respondent submits that the High Court Division applying its judicial mind rejected the application for restoration inasmuch as when the civil revision was...... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ..Category: Civil Law | Date: | Hits: 99
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
.... impeachable evidence of the police personnel, who carried out the raid. He then referred to a decision reported in 53 DLR (AD) 1 wherein it has been held that the Judges are competent of take judicial notice of the fact about the present condition of law and order situation in the country a......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..Category: Criminal Law | Date: | Hits: 24
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ......t Division also failed to consider that the appellant is a limited liability company incorporated under the Companies Act 1913 and is neither a local authority nor a person performing the functions of the Republic and in the case of the respondent No.1 of Civil Appeal No.196 of 2000 th..Category: Employment/Service Law | Date: | Hits: 90
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....on 25-02-2001 discharging the accused-petitioners from the case. Against which, the opposite-party No. 2, the informant filed a naraji petition, which was allowed with a direction for holding judicial inquiry, the learned Magistrate, who carried out judicial inquiry, submitted a report......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ..Category: Criminal Law | Date: | Hits: 42
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ...... 8. Collective reading of the above-quoted sections shows that Artha Rin Adalat shall follow and apply the Code of Civil Procedure as a Civil Court in exercising its jurisdiction, powers and functions while adjudicating any dispute between the parties before it including execution of its d..Category: Civil Law | Date: | Hits: 111
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....selected the present petitioners for the post of Assistant Professor of Radiology but the learned judges of the High court Division erred in law in deciding the case without application of judicial mind and without considering the documents and made the rule absolute and as such th......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ..Category: Employment/Service Law | Date: | Hits: 100
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....judgments of the Courts below. Having regard to the facts, circumstances and evidence on record, we are of the view that the learned Single Judge of the High Court Division having applied its judicial mind came to following findings: "In this case the defendant-petition­......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....ion of natural justice and as such the impugned judgment cannot be sustained in law. 10. Mr. Dr. Zahir lastly contended that the learned Judges of the High Court Division failed to apply their judicial mind in the facts and circumstances of the case. 11. Mr. A. J. Mohammad All, the learned......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..Category: Environmental Law | Date: | Hits: 517
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....partly to prevent the imprisonment of debtors who, on a taking of the overall accounts between the parties, really owed nothing. Going to jail is plainly a matter of substance and not just of judicial economy. The present day analogy is the question of whether the debtor is in default for n......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....struction on the land which indisputably belongs to them, as will appear from the document of title and that this was done at a time when the Court stayed the operation of the interim injunction by a judicial order thus enabling them to take action which was otherwise lawful. It has been further urg......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....nd order dated 09.12.1991. 3. Leave to appeal from the said judgment was granted on 30 April, 1992 to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detention have been grossly vi......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..Category: Procedural Law | Date: | Hits: 107
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....oubt as such the impugned order is liable to be set aside. The learned Advocate further submits that the learned Judges of the High Court Division erred in law in failing to apply their independent judicial mind to the fact and circumstance of the case in the light of the legal evidence on recor......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ..Category: Criminal Law | Date: | Hits: 41
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
.... non-responsive inasmuch as the bank guarantee of the respondent No.1, writ-petitioner, was furnished by a foreign bank in Bangladesh currency without the same being drawn on non-judicial stamp paper of Tk.150/- and the turn-over and other criterion for the last five years of t......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....se and ultimately granted bail and this order having been stayed by the Appellate Division, the impugned order fixing the case for hearing before the same bench of the High Court Division is not a judicial discretion and as such the appeal should be heard by any other bench of the High Court Div......nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ..Category: Criminal Law | Date: | Hits: 36
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......ds, the defendants did not take over the possession of the suit land. The plaintiff has been possessing the suit land on payment of rent and other taxes to the Government. She has been performing the functions of Mutwalli of the Waqf Estate. Hence is the suit. 3. The defendant No.1 of both the su..Category: Tenancy Law | Date: | Hits: 155
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ..Category: Property Law | Date: | Hits: 63
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....dgments of the Courts below. In support of the leave-petition, Mr. Nawab Ali contends that the High Court Division failed to consider that the Appellate Court failed to apply its judicial mind in not considering that the plaintiffs are not in possession in the suit property an......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ..Category: Property Law | Date: | Hits: 33
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....urt Division, after hearing, allowed the Death Reference No. 34 of 2001 and dismissed Jail Appeal No. 3201 of 2001. 4. The learned counsel for the condemned petitioner submits that the extra-judicial confession of accused Rokeya Begum and judicial confessional statements of both the condem......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Criminal Law | Date: | Hits: 51