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Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....he fag end of the case rejected." 3. At the hearing of the petition for special leave to appeal, we considered that the conviction of the appellant was well-founded, and that there was no scope for interference on merits, but leave was granted to examine whether, in view of the circumsta......ribed by him in the last paragraph of the judgment, which reads:— "Before parting with the case, I would like to record that when this appeal was called, neither the appellant, who is on bail, nor his counsel was present. I proceeded with the hearing after waiting for some time, with t..Category: Criminal Law | Date: | Hits: 78
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......n all other courts in Pakistan and all judicial authorities throughout Pakistan shall act in aid of the Supreme Court. Therefore the learned Judge of the High Court acted with impropriety in allowing bail to respondent No 1 disregarding the earlier decision of the Supreme Court on the question and e..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......pellate court may for reasons to be recorded by it, in wriiing, order that the execution of the sentence or order appealed against be suspended and if he is in confinement, that he be released on bail or on his own bond. From this the learned Advocate-General concluded that the power to suspend ..Category: Criminal Law | Date: | Hits: 49
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....tration proceeding before the ICC Paris and that in the facts and circumstance of the present case stay order can not be granted and the High Court Division, has misconstrued and misinterpreted the scope of section 34 of the Arbitration Act. The learned Counsel for the respondent No. 3-6 submits...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
....ode of life of Muslims and that there being clear provision of law relating to marriage and divorce in the Holy Quran as well as in the Hadith which is binding upon the Muslim and that there being no scope to add, alter or modify any of the provision, relating to Muslim Marriage and Divorce in any r......eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....retirement of a public servant on completion of 25 years of service for the exercise of that discretion by the Government from amongst persons similarly situated and holding similar jobs as there was scope for arbitrary exercise of such discretion. After the pronouncement of that judgment, provision......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ...... March 18, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 When an accused is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere…&h..Category: Criminal Law | Date: | Hits: 66
....ppeals are allowed.
The Constitution of Bangladesh, 1972, Article 102
Matter seriously contentiuns in nature requiring adjudication on the basis of evidence of detailed nature is outside the scope of writ jurisdiction as because in the said jurisdiction in general matters are disposed of in...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
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Category: Property Law | Date: | Hits: 54
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
....ssioners were filled up by direct appointment. Respondent No. 1 was promoted on 20-12-1987 to the rank of Assistant Commissioner on the recommendation of the Public Service Commission. There is no scope for giving seniority to respondent No. 1 above the directly recruited 29 Assistant Commission...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ..Category: Administrative Law | Date: | Hits: 91
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....udicial power of review is exercised to rein in any unbridled executive functioning. The restraint has two contemporary manifestations. One is the ambit of judicial intervention; the other covers the scope of the Court’s ability to quash any administrative decision on its merits. These restraints ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....Bank Limited disregarding the fact that BRAC Bank Limited is a legal entity wherein BRAC is only a shareholder and nothing more. Bangladesh Bank on being satisfied granted licence. So, there is no scope of lifting the veil. 9. Mr. Tawfique Nawaz, learned Advocate appearing o......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
.... Court for the enforcement of any right guaranteed or secured to him by or under any law. In the instant cases the impugned posting even if it is not treated, as promotion does not come within the scope of section 34. Secondly, it has got no merit in view of factual position because it was the c......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......Penal Code and he is sentenced to suffer RI for four years and to pay a fine of Taka 1,000 in default to suffer RI for two months. Both the respondent Nos. 2 and 3 shall surrender to their respective bail bond and shall serve out the sentences passed respectively against them Respondent Nos. 1 and 6..Category: Criminal Law | Date: | Hits: 55
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... an appeal in disguise whereby an erroneous decision is reheard or corrected but lies only on patent error. Mere wrong application of law is no ground of review and if it be allowed to do then the scope of appeal would be frustrated…….(8) Lawyers Involved: ...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....p;……….. Respondents Judgment May 29, 2001. The Transfer of Property Act,1882 (IV of 1882), Section 105 i) There is no scope in the writ petition to decide disputed question of ownership of the parties in the land in q......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......-1988, the case was started before the Upazilla Magistrate,Narayangonj against the petitioner and others; that the petitioner along with others were arrested but on 20-7-1988 they were released on bail. 4. After investigation, police submitted charge-sheet against the petitioner under Sec..Category: Criminal Law | Date: | Hits: 42
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......e accused committed offence under section 406/420/34 of the Penal Code. 3. The accused-appellants after being informed on January 13, 2000 appeared before the Magistrate and filed application for bail and the Court below by the order dated 13.1.2000 granted bail to the accused appellants. That s..Category: Criminal Law | Date: | Hits: 50
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....llenge the genuineness of the gifts in favour of the Madrasha. All that he contended was that the cattle market having already been forfeited to the Government in accordance with law, there was no scope for advancing any right for having lease or compensation for the land. He, however, failed to......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....bmission that this was just a device adopted by the Income-tax Officer to make an assessment of the income for the year 1365 B S. for which the Act does not provide any authority. Even by consent the scope of "previous year" could not be enlarged, and thereby comprising the income of a period in t......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
....ent to their service after setting aside the order of dismissal. 2. Mr. Mozammel Hoq, the learned counsel appearing for the petitioners submitted that the Labour Court acted beyond the scope of section 25 of the Employment of Labour (Standing Orders) Act, 1965 in directing the employ...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 110
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