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Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ode of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of facts arrived at by the courts below cannot be disturbed unless there is non-reading, misreading, misconstruction or misappropriation of evidence on record. …………….(19 and 20) ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ection can be raised at any intermediate stage, but it may be raised only after conclusion of the whole election process. This means that Civil Court's jurisdiction is impliedly excluded; it is therefore clear that the learned Single Judge wrongly held the suit to be maintainable. The election held ......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ...... Rob died during the pendency of these appeals. His heirs are substituted. The appellant's father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties, three houses being holding No. ...... 103 A mere denial by the respondent of a fact in issue raised by the petitioner in a writ petition will not render that fact a disputed fact but if the assertion made by the petitioner is not supported by materials to the satisfaction of the Court the Court may refuse to act on such assertion. W......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......esent: Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mohammad Ali........................ Petitioner Vs. Lt. Col. (Retired) Habibullah Bahar & ors. ..................Respondents Judgment July11, 2006. The Code of Civ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......ilal Vs. Badri Prasad and another, AIR 1960 Rajasthan 249; L. Bengali Mai and others Vs. Baijnath Prasad and others, AIR 1942 Allahabad 338. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants ......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......min J Md. Tafazzul Islam J Sonar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 200......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......J Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.........Respondent Judgment August 1, 2004. Result: The leave pet......ion 409 and 467 of the Penal Code, after modifying the order, have been ordered now to run concurrently instead of consecutively as was ordered by the trial court and also the amount of fine has been reduced to Tk.40, 000/- from Tk. 1(one) lac. After giving our consideration to the facts and circums..Category: Criminal Law | Date: | Hits: 50
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. ......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. ......late Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Chairman, Board of Intermediate and Secondary Education, Jessore and others …..Appellants. Vs. Md. Nazir Ahmed and another...................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. ..Category: Employment/Service Law | Date: | Hits: 54
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. .............Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record-For the Petitioner. Dr. M. Zah......er proper accounting of the business transaction it was found that the respondent No.1 failed to invest the money as required for his becoming 30% share holder then the said percentage of share was reduced to the extent of 26% share; that it was also decided in the said "Salish' on 17 08-200..Category: Property Law | Date: | Hits: 31
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. ......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. ......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others…………….......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. ..Category: Employment/Service Law | Date: | Hits: 55
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... Judgment March 21, 2006. Cases Referred To- Mir Laik Ali vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287; Md. Abu Bakar Mollah vs. Abdul Majid Moral (2201) 6 MLR (AD) 151; Md. Naimuddin Sarder @ Naimuddin Sarder vs. Md. Abdul Kalam Biswas 39 D......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ...... Ed. ......ating, inter alia, that 306 employees of the TCB have been released from their services on the ground that their services were no longer required for the organization and that the Government reduced the manpower of TCB from 541 to 235 and thus to release 306 employees and this was a policy..Category: Labour and Industrial Law | Date: | Hits: 80
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. .......Respondent Judgement December 10, 2003. Lawyers Involved: M. A. Gaffer, Advocate (appeared with leave of the court) instructed by A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners Not Respondent-Respondent Criminal Petition for Leave to App...... Procedure as amended, since the petitioner No. 1 has already suffered imprisonment for most of the period of sentence and only few months are left and that the petitioner No. 2 whose sentence was reduced from 5 years to 4 years by the High Court Division was all along on bail during the pendenc..Category: Criminal Law | Date: | Hits: 84
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ip;………………………….Respondent Judgment October 20, 2003 Lawyers Involved: Khondoker Mahbub Hossain Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants M.A. Rouf, ......gally found the accused petitioner guilty under Section 302 of the Penal Code. Accordingly, the appeal was dismissed upholding the conviction and sentence passed by the learned Sessions Judge, but reduced the sentence of fine from Tk. 2000/- to Tk. 1,000/- and in case of default to pay the fine ..Category: Criminal Law | Date: | Hits: 53
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....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. ......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. ...... April 6, 2006. Cases Referred to- Perusal Rani Sen Gupta Vs. Bangladesh (1983) 3 BLD(AD) 277; Bangladesh, represented by the Secretary, Ministry of Housing and Public Works and another Vs. Shirely Anny Ansari, 52 DLR(AD) 180; Chitta Ranjan Chakraborty being dead, his......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
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....and not by the Board, and there being nothing in the impugned order to the effect that it was on order under the said Act and the said Act not having been vested the Board with any authority to compulsorily retire any of its servants in exercise of the power, the High Court Division was wron......cord was it stated that it was an order of retirement under Section 9 of the Public Servant Retirement Act. II. There being no document to show that the writ petitioner respondents were retired by the Board in exercise of the power of compulsory retirement under section ...... (Civil) Present Syed J. R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Chairman, Board of Intermediate and Secondary Education, Jessore and others.......... Appellants (In all the cases) vs Golam Quddus & an......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....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. ......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. ......s Judgment April 9, 2006 Case Referred To- Abdul Mannan vs. Kulada Ranjan Mowali 31 DLR (AD) 195. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants Not ......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
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ............Appellants Vs Mosammat Miration Nessa and others..................Respondents Judgment March 23, 2006 Lawyers Involved: Md. Fazlul karim, Senior Advocate, instructed by Md. Nawab All Advocate-on-Record-For Respondent No. 1 Dr. Rafiqu......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....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. ......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. ......ka…………………...Respondents (In all the cases) Judgement October 20, 2003. Cases Referred to- Mr. Ayub and others Vs. Collector of Customs and others, Writ Petition No. 1495 of 1996; Rahmania Vanaspati Product Ltd Vs Collec......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)
....f the then Pakistan Agricultural Development Bank in 1959 as a Class II Officer. Following a departmental proceeding on the allegation of violating the Bank's Service Regulation the respondent was compulsorily retired from service by the Managing Director of the bank and the order was communicat......kistan Agricultural Development Bank in 1959 as a Class II Officer. Following a departmental proceeding on the allegation of violating the Bank's Service Regulation the respondent was compulsorily retired from service by the Managing Director of the bank and the order was communicated by the Gen......nk…….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, M.A. Baqui, Advocate with him, instructed by Md. Serajur Rahman, Advocate-on-Record- F......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. ..Category: Administrative Law | Date: | Hits: 90
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