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Mokbul Hossain (Md) Vs. Government of BanglaÂdesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......view that the appellant sought different reliefs from two different sets of respondents but actually, the appellant's claim is against the Government only and, according to the finance rules, bail must be submitted to the concerned accounts officer and the bills were submitted to the con&sh..Category: Administrative Law | Date: | Hits: 132
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....the High Court Division as noticed above. Mr. Hossain also submitted that the suit havÂing been decreed on admission, the whole prayer in the plaint without condition stands admitted and there is no scope for applying section 34(2) CPC in the facts of the case. 8. In the context of the contenti......is set aside. The Money ExecuÂtion case be struck off and the attachment of the apÂpellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....nd the appellate Court came to a finding that Ram Prosad had surrendered the land whereupon the landlord took over its possession. This finding, based on due consideration of evidence, was beyond the scope of the revisional court to interfere with. Executants of the kabala Ext. 1 had no title to the......ts and decrees of the High Court DiviÂsion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......…...Respondent Judgment April 3, 1990. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Bail matter After admission of appeal High Court Division having failed to grant bail appellant obtained leave and ad interim bail from the Appellate Division for a limited period w..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....nd issuance of letter of intent does not appear to be arbitrary depriving the other bidders of reasonable opportunity to bid afresh and further, the five bidders, being found non responÂsive, had no scope for any negotiation and moreÂover, by issuing the letter of intent the respondents had waived......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of BanÂgladesh, 2006, 35 CLC (AD)
....the materials on record writ-petitioner can neither claim seniority to respondent No. 5 nor. can claim promotion to the post of Chief Engineer on the ground of seniority, that it is not within the scope of writ jurisdiction to decide the question whether the qualifications/degrees of the wr......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....CO) Brac Centre, 75, Mohakhali, Dhaka-1212. Both the SABINCO and Dutch Bangla Bank Ltd. released the personal guarantee of the writ petitioner applicants and in such view of the matter there is no scope to include the names of the applicants in the CIB report on account of Meghna PET Industries ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... 11. From these definitions it appears that the Legislature sought to keep any letting out of land along with a building standing thereon on a temporary or periodical basis outside the scope of sub letting prohibited under section 75A of the Act. The letting out of some land along w...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
.... Taher Chowdhury. The High Court Division commuted his sentence of death to impriÂsonment for life as because all the appellants were charged under sections 302/43 of the Penal Code and there was no scope for such discrimination in the absence of any evidence to distinguish the act of appelÂlant N......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......ars that in relation to an accused-petitioner several terminoloÂgies have been used in the Code denoting different connotations. The expressions used are 'released' (sections 249, 339C) 'released on bail', 'discharged' (sections 265C, 241A), 'acquitted' and 'convicted'. Each of these words has sepa..Category: Criminal Law | Date: | Hits: 46
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....ation of the duty", submitted that the words exclusively occupied for religious or charitable purposes must be liberally construed. But the quotation cited above does not give scope for liberal construction as contended by Mr. Sobhan, since the words "exclusively occupi......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......sain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Amirul Islam and others………………………......Petitioners (On bail) Vs The State and another ......................Respondent Judgment ..Category: Criminal Law | Date: | Hits: 41
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
.... or that the authority which made the order was not competent to do so, or that the order was not made according to the procedure prescribed by law, or that its provisions were outside the scope of the enabling power in the parent Act or were otherwise violative of its provisions o......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
.... of the three wards, election held in two wards only. The statement in Form 'K' from the Presiding Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one ca......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The peÂtition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ...... 1898 (V of 1898), section 498 Judicial decorum Prayer for expunging certain observations of Division Bench of the High Court Division in Criminal Appeal No. 13 of 1989 rejecting the prayer for bail of the appellants was considered with findings that further application for bail is not barred ..Category: Criminal Law | Date: | Hits: 55
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....ing under Article 98 would, I conceive, have the auÂthority to interpret the relevant statues, in respect of the limitations upon jurisdiction, the obligations to exercise the jurisdiction, and the scope of the authorÂity conferred by such statue." 12. All this exercise, however, appears to be....... The writ petition will be heard as a motion as soon as the business of the Court perÂmits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... No.9(1) of 2001 was started against the respondent No.1 and others; thereafter the respondent No.1 voluntarily surrendered before the Court of Chief Metropolitan Magistrate, Dhaka and was granted bail, the above affidavit being submitted in the 6 Court of Assistant Judge, Dhaka in Title Su..Category: Criminal Law | Date: | Hits: 39
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ng that the trial court was wrong in rejecting the plaint. 8. He thereafter submits that the High Court Division was in error in dismissing the appeal upon an erroneous view that there is no scope for amendment of letter of credit. 9. Mr. Khondker Mahbubuddin Ahmed, learned Counsel ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....osite party No. 2 sold the land sought to be pre-empted to opposite party No.1 by the kabala dated January 23, 1983 and on the same day the partition deed was executed among the co-sharers leaving no scope for separation for Jama before filing of the preÂemption application on 28.1.83.......that th......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been grantÂed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ..Category: Property Law | Date: | Hits: 35
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......4 of 1997 arising out of Sessions Case No. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ..Category: Criminal Law | Date: | Hits: 41
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