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Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....aka University is a Body Corporate and has to be used in its name and impleading of the Vice-Chancellor who is just an officer of the University and not the University the writ petition was bad for defect of parties and as such it was an error to make the Rule absolute. The submissions ma......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 103
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......d that the Government is bound by the principle of promissory estoppel to execute the contract with the plaintiff and the true principle of promissory estoppel seems to be that where one party has by his words or conduct made to the other a clear and unequivocal promise which is intend..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......that the High Court Division did not consider that the Government should not be made to suffer because some Government official acted against the interest of the Government at the behest of a private party to grab Government property and also the lastly submission that the High Court Division did no..Category: Limitation Law | Date: | Hits: 241
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......e notice of gross irregularities in auction sale and from the facts as stated in the application under Order 21 Rule 90 of the Code of Civil Procedure. 9. It is true that at the instance of a 3rd party auction sale can be set aside but the Court has always the power to set aside such auction sal..Category: Civil Law | Date: | Hits: 92
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ...... (Ordinance No. XXIV of 1985), hereinafter called the Ordinance. The Administrative Tribunals below answered the question in the affirmative but the Director General, N.S.I., who was opposite party No. 3 in the original application, being aggrieved by the said concurrent decision, obtained ..Category: Employment/Service Law | Date: | Hits: 119
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....es on the application for addition of parties and was pleased to pass its judgment and order dated 5-8-1999 rejecting the application for addition of parties holding that (a) if the suit fails for defect of parities, the responsibility is that of the plaintiff, (b) as the plaintiff in its o......essary nor proper parties and the Court has no jurisdiction to add them as parties under Order 1 Rule 10(2) of the Code of Civil Procedure. Before a Court can implead a particular person as a party to a suit, in that situation the Court has to find out at every stage whether the party is a ..Category: Others | Date: | Hits: 95
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......rs under sections 465/109 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 1 (one) year. 2. Short facts are that on 28.09.1987 the Complainant-opposite party-respondent No. 2 brought C.R. Case No. 415 of 1987 in the Court of Upazilla Magistrate at De..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......time of obtaining leave to appeal before this Division. He further submitted that for lodging an F.I.R. direction from any Court not to speak of the High Court Division is necessary. The aggrieved party is always at liberty to lodge F.I.R. if he so likes under the appropriate sections of th..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......withdrawn with permission to sue of terse. A fresh petition was thereafter filed with the prayer to grant succession certificate. 4. One Haji Tasiruddin Shah was added as opposite party in Miscellaneous Case No. 138 of 1982 asserting that Haladhar Chandra Dey died in the middle ..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......nd order of the High Court Division, we are of the view is that although there is a will but unless and until it is proved in accordance with law, on the face of objection raised by any interested party (herein the appellant) a Probate cannot be granted on compromise and it is not permitted by l..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ...... Md. Younus Ali, Mussamat Zaitun Nessa wife of Md. Yousuf Ali and M/S. Chandana Corporation it appears that the tenants had no right to sub-let the said shop room or portion thereof to a third party without the written permission from the landlord. It further appears that Younus Ali executed..Category: Property Law | Date: | Hits: 23
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......sp; KM Hasan J.- This appeal arises against the judgment and order dated 22.6.1999 passed by the High Court Division in writ petition No. 3968 of 1998 rejecting an application for addition of party filed by the appellant. 2. The facts leading to the leave petition are that the appel..Category: Procedural Law | Date: | Hits: 78
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... and as such the registration of the subsequent deeds in the Sub-Register Office of Barura in the year of 1986 can not but speak something fishy and it leads a presumption of fraudulent Act of the party concerned and we hold that aforesaid two deeds in question are illegal in the eye of law..Category: Property Law | Date: | Hits: 27
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......ellaneous case respectively) asserting in the written objection amongst others that the transaction was an exchange and not a sale. 4. In the background of the contentions of the respective party question came up fro consideration whether transaction between the pre-emptee appellant ..Category: Property Law | Date: | Hits: 44
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
.... rescinded". “For that the acceptance of power filed by advocate Mr. Abdul Barek Chowdhury in the file on behalf of the plaintiff respondent no. 1 changed the foundation of the defect of the case and as such the matter should have been placed before the Bench and Rule restor...... court on the following amongst others:- "For that the learned judges of the High Court Division failed to take notice of the fact that the plaintiff respondent opposite party No. 1 has entered appearance in the Rule on 4.3.1996 which was on record through office note..Category: Procedural Law | Date: | Hits: 94
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......e of the defendant can be presumed rightly under section 114(e) of the Evidence Act and the plaintiff has failed to rebut the same. 10. Before the High Court Division plaintiff-opposite party referred to the decision reported in 1 DLR (PC) 5, Hurbert James Vs. Golam Hossain ..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......and order of the High Court Division, we are of the view is that although there is a will but unless and until it is proved in accordance with law, on the face of objection raised by any interested party (herein the appellant) a Probate cannot be granted on compromise and it is not permitted by ..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......ncial institution as loan and that the other part to agreement of advance purchase did the concomitant/necessary things for the materization of the agreement in such a situation the other party to the agreement would be considered as lance or that would be under an obligation to discha..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......8.4.1991. 3. The case was contested by appellant No. 2 the Inspector General of Police by filing a written statement denying the material allegations. It was the case of the contesting party that from the Microbus 20 bales of Indian cloths were seized but after producing only two bal..Category: Administrative Law | Date: | Hits: 103
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....and assessed the evidence of prosecution witnesses and other materials on record accepted the death reference and rejected the jail appeal, we find no illegality or any legal infirmity or any defect of law at any stage of the proceeding for our interference and as such we are fully in ......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..Category: Criminal Law | Date: | Hits: 55
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