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Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....a written objection denying all the material allegations but admitted that he has availed loan of Tk. 25 lac from the Janata Bank Corporate Branch, Dhaka in 2002 repayable in 10 years and he paid 6/7 installments. Therefore, he is neither a defaulter nor defaulted in payment of monthly installments ......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......iority of the departmental candidates should be determined by the date of their passing the examination in part-1 of the T & T Accounts service, that provision in T & T Manual also provides principle of determining seniority on the basis of result of part-I examination which is treated as......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
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. ......ossession of the suit land to the plaintiff and in the said agreement it was stipulated that the defendant No. 1 shall get back the possession of suit land in case of his refund of the advance amount of Taka 25,000 within the month of Chaitra 1386 BS and in default, the defendant No. 1 shall..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......section 5 of the Ordinance XXIV of 1970 duly issued notice and neither the learned Assistant Judge nor the learned Additional District Judge considered this aspect of the matter; it is the settled principle of law that a trespasser cannot maintain a suit for permanent injunction against a rightf......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......ment, Dhaka Zone in the affidavit-in-opposition had asserted that they still require the land in question in connection with maintenance of the bridge and the approach road, that having regard to the principle laid down by this Division in the case of Abul Basher vs. Bangladesh reported in 50 DLR (A...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......nitarian services of their governments and subject to the laws of their respective countries, must always maintain their autonomy so that they may be able at all times to act in accordance with the principles of the Movement. It is a voluntary relief movement in the sense that it is not prompted i...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......tatements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be produced without an amount of delay or expense which under the circumstances of the case, appears to the Court unreaso..Category: Criminal Law | Date: | Hits: 50
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. ......e relevant file lying with the Ministry regarding this case and this court had the opportunity of perusing such file." 10. The bar of res judicata is applicable in Writ proceedings on the general principle that the public interest requires that there should be an end to litigation and that a per......ion of respondent No.4). Respondent No.4 deposited a sum of Tk.1,17,108.56 on 9.11.1985 being the first instalment of the consideration money and had also deposited first instalment of arrear rents amounting to Tk. 91,000/-on 2.11.1985. Respondent No. 4 asserted that the school is a bona fide pu..Category: Property Law | Date: | Hits: 32
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: ...... in the case of Collector, Land acquisition, Anantnag and another Vs. Mst. Katiji and others reported in AIR 1987 (SC) 1353 and therein it has been observed "And such a liberal approach is adopted on principle as it is realized that:- 1. Ordinarily a litigant does not stand to benefit by ......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
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......iginal landlords and Sadananda Ghose had not acquired or could not acquire any valid title to the property either through Ext.3 or Ext. 1. (1). 11. The High Court Division observed that the principle laid down in Hajee Abdus Sattar's case applied more in the present case because P.W.1 who......nce and therefore a decision on the merit as to the plaintiffs' title cannot be deferred until surrendering possession as in the cited case. It was also argued that the plaintiffs' had purchased paramount title in the suit property from the original landlords and Sadananda Ghose had not acquired ..Category: Property Law | Date: | Hits: 106
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: ......lowing the appeal in part modifying the sentence of Rigorous Imprisonment of 7 (seven) years under sections 409 and 467 of the Penal Code to run concurrently instead of consecutively and reducing the amount of fine of Tk. 40,000/- from Tk. 1(one) lac in default to suffer Rigorous Imprisonment for 3(..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ference modifying the sentence as already mentioned above. Hence is this petition. 3. In support of the petition Mr. Abdul Malek, learned Counsel submits, inter alia, that it is the settled principle of law that a belated FIR always carries the chance of fabrication. In the instant case a......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
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. ......s. Vs. Md. Nazir Ahmed and another...................Respondents Judgment March 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority doe......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
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......the ends of justice or to prevent abuse of the process of the Court. 6. It is well-settled this section merely furnishes legislative recognition of an age old and well established principle that every court has inherent power to act ex debito justiae to do that real and substan......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
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. ...... trawler was given to ownership of respondent No. 1 for its necessary rearing words stipulating the payment of repeating costs at TK. 8,00,000/- and the respondent No.1 was to get a bill of the said amount from the petitioner as repairing costs. Petitioner's further case was that since his f..Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......ich he was also asked by the Upazila Praukausali by its letter dated 18-02-2002 to immediately start the work but the appellant did not do so and thereby he was a defaulter of the outstanding amount of TK.20,000/- Mr.Chowdhury therefore argued that in such view of the matter provision of Se..Category: Election Law | Date: | Hits: 108
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. ......arned Advocate has referred to the case of Mir Laik Ali vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak reported in 16 DLR (SC) 287. There is no reason to take different view as regard the principle of law enunciated in the aforesaid case. But in the instant case it has been held on cons......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
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......he marriage the informant lived with the accused petitioner peacefully for few days and thereafter the accused petitioner demanded dowry to TK. 10, 000/- and asked the informant to fetch the above amount from her mother. Then the mother of the informant, who is a poor lady, assured the petitione..Category: Criminal Law | Date: | Hits: 38
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......t;It was so held as back as in 1866 in Umedewal Moti Ram vs. Deva ILR (1866) 2 Bombay 547". 17. He further submits that in the instant case the appellate court adopted a totally wrong principle in the matter of affirming the judgment of the trial Court as there has been gross misre......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....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. ......er having granted their prayer and paid them all their dues entitlements and benefits, the High Court Division was wrong in failing to hold that the writ petitioner respondents were barred by the principle of waiver, acquiescence and stopped from challenging their retirement at their own ......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
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