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Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....Advocate-on-Record lastly contended that the High Court Division as well as the trial court failed to discuss and assess the evidence in respect of each individual accused person and also on specific legal aspect of the case and thereby the prosecution failed to prove the charge against the accused-......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....door of dwelling hut but she was examined by the Investigating Officer after a month of the occurrence. So, no reliance can be placed on her evidence and the evidence of other witnesses are not legal evidence at all. He lastly argued that if the prosecution case is believed then the appellant ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
.... making the Rule absolute declaring that the impugned Memo No. 2(14) Customs 8/90/307 dated 8.2.1996 vide Annexure -C of the Writ petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permission to the respondent (writ petitioner)......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....that the Courts below has erred in law in disturbing the concurrent finding of fact arrived at by the Courts below holding that the claim of title on the basis of the award over the suit land have no legal value creating any title and interest over the suit land and that the plaintiff on the ba......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....t allow the Additional Chief Engineer to give his decision on the dispute concerning their claim in details item-wise filing or submitting the relevant paper or papers in support of their claim but illegally and without jurisdiction appointed Mr. Justice Sultan Hossain Khan as Arbitrator in the matt...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....dents, has been filed against an ad-interim order dated February 6, 2000 of the High Court Division in Writ petition No. 227 of 2000. The writ petition was filed by the Respondent Nos. 1-11 impugning legality of the action of the Government of Bangladesh, Inspector General of Police and Bangladesh P......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....ppellant and the members of his family, who had to take refuse at 140, Bangshal Road, Dhaka and the suit property remained vacant till March, 1972 and thereafter defendant Nos. 1 and 2 forcibly and illegally entered into the suit property as trespassers, and in order to grab it, they start......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
.... record no Criminal Proceeding lies and therefore we do not hold that this is a fit case for quashing. In such view of the matter, we are of the view that the High Court Division did not commit any illegality in refusing to quash the proceeding in question having prima facie allegation made in ......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....the plaintiff and invited a fresh tender adding further conditions by a notice dated 01.10.1987 and thus sold out the contracted goods elsewhere. Thereafter the plaintiff filed the suit after serving legal notice. 4. The defendant's case is that the goods were sold on "as is where is......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....gh Court Division on consideration of the materials on record found that it is case of no evidence and the judgment and order of the conviction and sentence of accused Mofizuddin is not based on legal evidence. The High Court Division further held that the accused Mafizuddin in his confessional......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....No. 92 of 2003 upon its transfer to the Second Court of Assistant Judge, Dhaka. 2. The plaintiff filed the suit for certain declarations that the order of dismissal of the plaintiff is illegal, void and not binding upon the plaintiff and for reinstatement with all back wages and that th...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)
....g the impugned judgment and order of the High Court Division dated 30.4.2002. The High Court Division by its judgment and order dated 18.6.2002 rejected the application summarily as there was no legal ground for review of the judgment. 6. Condonation of delay is a. matter of dis&sh......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 133
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....ioner being tenant under the plaintiff defaulted to pay rent on the basis of existing relationship as landlord and tenant between the parties. It was further contended that there is no legal infirmity in the judgment of the High Court Division in affirming the findings and decisions o......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....f AGM of the Bank. It further appears that after the introduction of section 15 Ka Ka to the Bank Company Act, 1991 one of the shareholders of the Bank filed a Writ Petition challenging the legality of the aforesaid Act which is registered as Writ Petition No. 4809 of 2003 in the High Cour......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....med. The learned Trial Court inspite of the fact that the respondent failed to adduce any evidence in support of the claim for the aforesaid amount passed the aforesaid judgment and order illegally. Further the learned Advocate-on-Record submits that the respondent is entitled to claim onl......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....xes. The Ministry of Establishment agreed with the claim of the appellant but did not execution the orders in accordance with law. The said order of the Ministry of Establishment dated 10.8.2000 is illegal and void as it is violation of natural justice and Articles 26, 27, 29(1), 135(2) and 140(2)(c......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....se made by the Respondents was totally misconceived one since under the law they were not entitled to have the property released. Accordingly suit so filed seeking release of the property was not legally well advised one as well as was not entertainable in law. It has been held in the case of Al......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..Category: Limitation Law | Date: | Hits: 189
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