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Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ...... June 12, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XX, rule 18(2) The petitioner purchased the suit property in excess of the share of his vendor, Defendant No. 1, and his vendor was a party to the partition suit and that suit was decreed al......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. .......... Petitioners Vs. Md. Helalul Islam and others ...............Respondents Judgment May 8, 2004. Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-Record- For the petitioners Not represented- the Respondents &nbs......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... in: 19 BLT (AD) (2011)119. ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ...... 1988, Order XXVI, rule 4 Review is not a matter of rehearing the Appeal as appeal is a matter of right but review is not. No new ground has been found and no new material has been placed before the Court requiring interference. The Petition having not been filed according to rule 4 of Or......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......nancial benefits for the period from the date of his retirement up to the joining his duties. 3. The appellant's case was that while serving as Deputy General Manager of Sonali Bank, he was retired from service by an order dated 13-12-1993 under section 9(2) of the Public Servants (Retire...... Sonali Bank and others.......Respondents Judgment June 15th, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Firoz Shall, Advocate-on-Record—For the Appellant. Abdur R......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......ementation of the aforesaid remedial measures met the same fate. Eventually, the appellant, in utter disregard of the respondent's legitimate claim as endorsed by the Prime Minister of Bangladesh, retired the respondent on 11 May 2002 as an Additional Secretary and as a member of the Privatisati.................. Appellant vs AKM Enayetullah.............................Respondent Judgment December 6, 2004. Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by Firoz Shah, Advocate-on- Record— For the Appellant. TH K......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......Chandra Saha and others 1984 BLD (AD) 320 = 36 DLR (AD) 220; Mohammad Ali Akhand vs Bahatan Nessa and others 1998 BLD (AD) 50 = 3 BLC (AD) 177. Lawyers Involved: Md Fazlul Karim, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Appellants. Mahmud...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...........................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. ASM ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....d. The further submission was that if the petitioner is an employee of respondent No. 2 the latter being a nationalised enterprise within the meaning of Act XII of 1974, the petitioner can only be compulsorily retired by the Government and, as such, the impugned order of compulsory retirement pa......Bangladesh Oil, Gas and Mineral Resources Corporation appointed the petitioner as Senior Manager-in-Charge. By Memo dated 10-11-1986 of Chief Martial Law Administrator's office, the petitioner was retired from Bangladesh Army with direction to reappoint him in the civil post held by him as a per...... J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judgment &nb......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......r Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. No...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... and 14.6.88 ,to show how the Bar consistently petitioned fervently, appealed to the Government to reconsider the decision and even suggested for setting up a broad based National Law Commission with retired Judges and Members of the Bar who will hold regular enquiry and elicit public opinion. Mr.......thers..........Respondents (In Civil Petition No. 3 of 1989). Judgment September 2, 1989. The Constitution of Bangladesh, 1972, Article 100, 107 & 142 Majority view Per B.H. Chowdhury, J: Basic structural pillars of the Constitution c......for this parasitic class of people. That is why the State can never encourage litigation by setting up mush-room courts. Experience even in England has been bitter and therefore the Crown Courts were reduced to considerable number after experience of 10 years (It has been reduced from 234 to 113. Se..Category: Constitutional Law | Date: | Hits: 1934
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...... facts and circumstance of the case, the right of private defence of life was not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior A......icted under s.326 of the Penal Code and sentenced to rigorous imprisonment for three years. On appeal, the High Court Division altered the conviction under section 326 to that under section 324 and reduced the sentence to two years' imprisonment and with this alteration the appeal was dismissed by..Category: Criminal Law | Date: | Hits: 49
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......airman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents Judgment November 20, 1988. Principle of natural justice A.C.Rs had been considered without previously informing the appellant of the adverse remarks against which he could make a representation. A little e......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..................Respondents Judgment December 11, 1988. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......ider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Executive Engineer, Public Health, Barisal Division, Barisal………………….Appellant Vs. Mohammad Ali & ors.............. Respondents Judgment February 15, 1989. The Limitation Act, 1908 (......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......9), section 2(5) The General Clauses Act, 1897 (X of 1897), section 3(10) The Excise Act, 1909 (V of (1909), section 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary fo...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......sult:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad Or......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......jee & another……………………………Respondents Judgment June 6, 1988 The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1. The plaintiff was reverted to the former post of Assistant Secretary from the ad-hoc promoted post of deputy secretary. Reversion to th......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......of Civil Procedure, 1908 (V of 1908), sections 100—103 The High Court Division can interfere under section 100 of the C.P.C with finding of facts of the first court of appeal, if there is any error of law or procedure committed by the court below effecting merit of the decision. Misreading of e...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....t Ext. 2 did not divide the whole dags and even if it had purported to be done it was inadmissible evidence not being registered as it compromised property outside suit inasmuch as such solenama is compulsorily registerable under section 17(1) (b of the Registration Act. The entire document has be......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ...... (1985) 35. ......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
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