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Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
.... fit rectifying any mistake or error which became apparent from such examination. The present exercise under section 196B is not limited to rectification of mistake, error etc. It is much wider in scope. 7. However the Government has not done it and we shall presently see if the appellant......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......xamined the complainant and took cognizance of the offence under Sections 406 and 420 of the Penal Code and issued warrant of arrest against the petitioner and subsequently the petitioner was granted bail. It is further stated that the charge under Section 420 of the Penal Code was framed against th..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......the discussion made hereinbefore and because of the materials on record we find merit in the appeal. Accordingly, the same is allowed. The respondents are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. Th..Category: Criminal Law | Date: | Hits: 44
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......dassir Husain J.-This Criminal-petition for leave to appeal has been filed by the State against the judgment and order dated 29-3-2001 passed by a Division Bench of the High Court Division granting bail to the accused-respondent in Criminal Appeal No.2625 of 2000 arising out of Nari-O-Shishu Cas..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......date of disposal of the appeal was 14.5.2000 but in the order of the High Court Division the date of disposal of Appeal has been mentioned 14.5.2002. 6. As it appears the petitioner obtained bail from the appellate Court and after disposal of the appeal, i.e. dismissal of the appeal, the ..Category: Criminal Law | Date: | Hits: 44
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
....e learned Single Judge of the High Court Division also held that since the finding of the Court of appeal was based on due consideration of evidence and materials on record the same was beyond the scope of interference by the High Court Division. 7. On consideration of the materials on rec...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....bove decisions there are some illuminating passages with regard to the right to form an association, the nature and extent of restrictions that may be imposed on the exercise of such right, and the scope of judicial review of the reasonableness of such restrictions, but the facts of those cases, n...... 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
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....e judgment carefully, and consequently, he held the erroneous view that rejection of a nomination paper "is not a part of election but it is a pre-election dispute" and therefore, it is outside the scope of the election tribunal created under section 26 of the UP Ordinance. It was held by this C......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
..... It was held that Ramaratnam was entitled to intervene. 13. The High Court Division on consideration of the above rulings have come to the conclusion as under: — "Having thus explained the scope of section 283(1)(C) of the Succession Act, let us now proceed to examine whether the opposite......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......led on 06.07.1999 and complainant being examined on oath, the learned Magistrate issued summons against the petitioner under Section 138 of the Act and the accused petitioner has been released on bail. At the time of hearing as to framing of charge the petitioner filed an application to discha..Category: Criminal Law | Date: | Hits: 36
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......ation submitted charge sheet under Section 394 of the Penal Code. The case being sent for trial, prosecution produced 5 witnesses. The accused petitioner was in abscondance after being released on bail. After concluding the trial the learned Additional Sessions Judge by judgment and order d..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....hearing the parties made the Rule absolute. Mr. Khondker Mahbubuddin Ahmed, the learned Counsel appearing for the appellant, contended that the High Court Division having misconceived the scope and the ambit of provision of Section 7(2) (f) of the Ordinance arrived at an erroneous ......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. ..Category: Election Law | Date: | Hits: 108
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
.... witnesses specially the clever and dubious evidence of Sakhawat Hossain a former employee of the Relief and Rehabilitation Department and husband of plaintiff Monowara Begum there is no scope to say that the courts below have misread or mis-appreciated the evidence of the witnesses. I......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......leaded not guilty and claimed to be tried. Thereafter prosecution produced six witnesses. The accused respondent was present in court till examination of P.Ws.1, 2 and 3 and being relapsed on bail he absconded thereafter. Be that as it may the learned Special Tribunal After concluding the t..Category: Criminal Law | Date: | Hits: 45
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......single impartial witness came to support the prosecution case at trial even though P.W 4 stated that about 1000-1500 persons gathered at the place of occurrence. Regarding the prayer for bail, Mr. Gaffar has submitted that the petitioner No.1 voluntarily surrendered on 9.10.96 and..Category: Criminal Law | Date: | Hits: 84
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....bsp; the property to the plaintiff-respondent is not by way of higher purchaser as contemplated under Rule 10(1)(b) or that the transaction with the plaintiffs was not within the scope of the power of disposal by the said authority. 13. The High Court Division has elabor...... 11. The word "hire-purchase" is synonymous to sale by way of hire-purchase agreement. A hire-purchase agreement, as its very name implies, has two aspects. There is first an aspect of bailment of the goods subjected to the hire-purchase agreement and there is next an element of sale..Category: Property Law | Date: | Hits: 41
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... no appeal lies against decision the Labour Court against an order of rejecting of an application for cancellation of a registration of Trade Union under section 10(2) of IRO and so there being no scope of any appeal before the Labour Appellate Tribunal the appellant was entitled to invoke writ ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
.... properties of the Respondent No.3 to the Respondent No.3 of the said writ petition i.e. the appellant to enable it to realize its claim against the Respondent No.3 i.e. Corporation was beyond the scope of the writ petition as well as beyond the issue involved in the said writ petition. 1......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......gainst the judgment and order dated 27.01.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.6213 of 2002 discharging the Rule by cancelling the ad-interim bail. 2. The facts leading rise to the leave petition, in short, are that one Md. Mojibur Ra..Category: Criminal Law | Date: | Hits: 47
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