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State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....s appeal by leave is directed against the judgment and order dated 17.09.1998 passed by a Division Bench of the High court Division in Criminal Miscellaneous Case No.2608 of 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No.120 of 1993 pendi......of the State with the observation, "we do not normally interfere with the discretionary exercise of jurisdiction by the High Court Division but this is one case where our interference is called for, but in view of the fact that the trial is on we think that the interest of justice will......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....x-parte- the Respondents. Criminal Appeal No. 1 of 1995. (From the judgment and order dated 16th February, 1993 passed by the High Court Division in Death Reference No. 10 of 1988 (Jessore), 13 of 1991 (Dhaka) Judgment &nb......as and other convicted accused. 6. Convicted accused Ratan Molla stated in his confessional statement Ex.3 dated 21.10.86 under section 164 Cr.P.C. "that condemned accused Tuku Biswas called him on the date of occurrence and asked him to come with him, that he went to their boat alo......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
.... Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ...... in question on account of the claims under (i) Part-A (Tendered Items)(ii) Part-B (non-tendered but scheduled items), (iii) Part-C (non tendered and non-scheduled items (iv) compensation for loss and business and good will and (v) mobilization and demobilization in as much as the responden..Category: Civil Law | Date: | Hits: 89
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....in the matter and in the meantime different chambers of commerce and Industry submitted representations to respondent No. 3 prepaying for reduction of the enhanced tariff rate and also called upon the respondents to stop the practice of issuing notifications from time to time in b...... the matter and in the meantime different chambers of commerce and Industry submitted representations to respondent No. 3 prepaying for reduction of the enhanced tariff rate and also called upon the respondents to stop the practice of issuing notifications from time to time in betw......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....rehabilitation plot in Mohammadpur Housing Estate. 2. Facts in the background of which writ petitions were filed, in short, are that land of the respective writ petitioners or their predecessors were acquired by the government. Government in pursuant to the policy decision to rehabilitate......ions were opposed by the Government (writ-respondent No.1) contending, inter alia, that the allotment so claimed by the respective writ petitioners was product of fraud and as such by the so called allotments writ petitioners did not acquires any right in the land so claimed to have been a...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....l Amin J. - This appeal by leave is directed against the judgment and order dated 15.02.1999 passed by a single Bench of the High Court Division in Civil Revision No. 3023 of 1994 making the Rule absolute and there by setting aside the judgment and order dated 16.08.1984 passed by the learned Ad......Defendant Petitioner. The learned Assistant Judge after hearing the parties dismissed the case holding that the defendant was not prevented by sufficient cause from appearing when the case was called on for hearing. The defendant took an appeal to the Court of District Judge, Comilla. The ap......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....urt Division in Writ Petition No. 1845 of 1996. The writ petition was filed impugning the order dated 5 January, 1995 of the Bangladesh Power Development Board (Respondent No.1) retiring compulsorily the writ petitioner a diploma engineer, from the service. 2. Facts, in short, a......titioner that in the second show cause notice there was absence of kind of punishment going to be imposed on the appellant is of no substance since in the second show cause notice the appellant was called upon to show cause why punishment of dismissal from service shall not be imposed upon him. ......, hereinafter referred in brief as the rules, would not be taken against him for negligence of duties and misconduct due to his failure to attain the target with reared to reception of system loss and increasing recovery of revenue. The appellant replied to the said letter on 30 June, 1994 ..Category: Employment/Service Law | Date: | Hits: 69
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
.... (Civil) Present: Mohmudul Amin Choudhury CJ Mahammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Dhaka University represented by Professor A. K. Azad Chowdhury, Vice Chancellor Dhaka University and others.....................Appel......mits that when the Statute provided for alternative and efficacious remedy the writ petition can not be maintained. He submits that Article 46(17) (ii) provides that no election shall be called in question except by an election petition presented in accordance with the rule. He contend......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....d Sessions Judge only for determination of her age which has already done and (iv)whether in view of the consistent of the higher courts of the sub-continent that question of custody of a minor can also be decided in a proceeding under habeas corpus under m 491 of the Code of Criminal Procedure with......efore the Civil Surgeon, for ascertaining her age and excepting Uqbal Hossain, Shaikh Biddut Ali and Md. Shahudul all other accused persons have been enlarged on bail. The learned Sessions Judge also called for a certificate from the Head Master of Mozahar Memorial Madhayamik Biddalaya, Kaliganj, Sa......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
.... in Special Tribunal Case No. 826 of 1994 arising out of Pallabi P.S. Case No. 6(5)794 by the Senior Special Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of TK. 5000/- only, in default to suffer rigorous imprisonme......preferred within the prescribed periodical being 30 days as provided under the Special Powers Act, 1974 and if the conviction is based on no evidence or trial court had no jurisdiction which can be called coram non judice, then and then only the conviction and sentenced can be quashed under sectio......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..Category: Criminal Law | Date: | Hits: 47
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
...., 1991 of the Court of Magistrate, 2nd Class, Kushtia, passed in G.R. Case No. 269 of 1990 convicting the appellants under Section 379 of the penal code and sentencing them to suffer rigorous imprisonment for 1 year and to pay fine of Tk. 1,000/- (one thousand) each, in default, to suffer rigoro......he investigating agency on completion of investigation submitted charge-sheet against the appellants under Sections 323, 379 and 411 of the Penal Code. At the time of trial the appellants were called upon to answer the charges under Sections 323, 379 and 411 of the penal code. Prosecution i......991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....shy;pute further evidence is necessary passed the impugned order which has the effect of permitting the plaintiff to fill up the lacuna in all aspect and the High Court Division also did not at all consider that the relief claimed by way of amendment is barred by limitation and ......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......f the two portions of the suit property in respect of which the plaintiffs claimed khas possession through their monthly tenants, are added in the plaint the plaintiffs will suffer irreparable loss and injury. The defendant-appellants by filing counter affidavit opposed the above prayer. Th..Category: Civil Law | Date: | Hits: 107
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....ave to appeal Nos. 1055 and 1056 of 2006 are directed against the judgment and order dated 29.03.2006 passed by the High Court Division in Civil Revision Nos.1805 and 1806 of 1994 making the Rule absolute and reversing the judgment and order dated 14.02.1994 passed by the then learned Subordinate...... is also not disputed that he filed the pre-emption case within four months of the date of knowledge of the transfer, but the court of appeal made out a case of waiver and acquiescence from the so called attending circumstances without reference to any evidence that the pre-emptor participated i......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ..Category: Property Law | Date: | Hits: 25
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
.... of the loan money together with profits thereof by 28.04.1988. Defendant Nos. 2 and 3 deposited the deed of the schedule property as collateral security in favour of the plaintiff bank and also executed and registered separate power of attorney. Over and above, the defendants deposited the......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......ide over the situation by giving further mortgage to any other bank and thereby to keep the factory running. The suffocating situation was created by the plaintiff bank resulting at tremendous loss for which the plaintiff bank is exclusively responsible. 4. Md. Nawab Ali, learned Adv..Category: Banking Law | Date: | Hits: 97
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
.... two appeals by leave are directed against the common Judgment and order dated 02.10.2007 passed by a Division Bench of the High Court Division in writ Petition No. 10238 of 2006 making the rule absolute and thereby declaring the impugned Notification Gm,Avi, I bs 250-AvBb/2006 mg (wewa-5)-15/2......neral Education) Training and Departmental Examination for probationer Rules, 1992 vide SRO No. 7-Ain/92 published in the Bangladesh Gazette. Additional Issue dated 18.1.1992 (hereinafter called SRO 7 of 1992) providing for list of topics and books to be studied for departmental examin......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....issue sale certificate in favour of auction purchaser petitioner on payment of outstanding amount of Tk. 2,99,50,000/- towards customs duties, VAT and other charges at the rate of 39.53% and also to hand over the vessel M.V. Vishva Kaumudi to them subject to destruction of the rice on board......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......ted 24-03-2003 for an amount of Tk. 2,54,86,000/- issued by Janata Bank, Laldighi East Corporate Branch, Chittagong, the auction purchaser will be highly prejudiced and will suffer irreparable loss and injury in as much as the auction purchaser has to pay huge amount of interest against the..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....eing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described in schedule Kha of the plaint on the averments tha......nt finding of facts should not be disturbed unless it is manifestly perverse and some are of the view that there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI AD...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ..Category: Property Law | Date: | Hits: 25
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....n Nos. 5397 and 5902 of 2005 discharging both the Rules obtained challenging the Memo dated 30.6.2005 issued by the respondent No. 4 allotting 2 shops to the police deployed in Shilpa Bhaban and also the Memo No. Shampad/2-47/897(4) dated 6.8.2005 allotting 2 shops to the Directorate of Boiler o......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 121. ......mabaya Samity and Shilpa Mantranalay Karmachari Kallyayan Samity, the two unions of the Ministry of Industries, and on the year 2001-2002 the Government Audit Team raised objection regarding loss of Government to the extent of Tk. 1,00,00,000/-(one crore) as the two Trade Unions illegally ..Category: Civil Law | Date: | Hits: 84
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
.... had been seriously involved in the relief work in the flood affected of Sunamgonj, a requisition singed by 11 members of Surma Union Parishad was submitted before the Upazila Nirbahi Officer with some allegations against him. Consequently one Md. Abul Kalam Azad as Authorized Officer and Upazil......e intention to remove him from the offence of the Union Parishad Chairman. On the other hand, from the materials on record it appears that all the members did not voluntarily sign on attend the so-called special meeting held at the residence of authorized officer, respondent No.5. All the procee......o the interest of the Union Parishad or of the state on he ever became physically or mentally incapacitated from performing his functions or he was never guilty of misconduct or responsible for any loss or misapplication of money or property of the Union Parishad within the meaning of Section 12(..Category: Criminal Law | Date: | Hits: 32
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....l Amin J. - This appeal by leave is directed against the judgment and order dated 23.03.1999 passed by a Single Bench of the High Court Division in Civil Revision No.3194 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Co......t of 13.14 acres of land out of the C.S. Khatian No. 252 but the certified copies of the kabuliyats were not formally proved in evidence, as the plaintiffs have not filed the original ones nor they called for the volume of kabuliyats from the Registry Office. Accordingly both the trial court and ......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ..Category: Property Law | Date: | Hits: 28
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