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Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....ther held that termination simpliciter not being a punishment which is contemplated in Regulation 22 the question of giving notice or a pre‑hearing does not arise. In such a case there is no scope for making any grievance on the ground of violation of the principle of natural justice eithe......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....f course, in an appropriate case such objection may be allowed to be raised in the appeal. This may be done on the ground that the appeal is continuation of the suit or proceeding. But there is no scope for raising the question of defect of party on account of nonjoinder of necessary partie......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....o uphold the findings of the trial Court". 9. Leave was granted to consider the contention that the High Court Division did not decide the case within the scope of the grounds taken or mooted in the memorandum of appeal and that the decision of the High ......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....f nationality status of respondent No. 1. 12. Thus it appears that the High Court Division did not consider the materials on record in proper perspective. It may be mentioned here that the scope of a writ of certiorari is very limited. The High Court Division can only interfere in the f......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....o No. BTRC/Prosha-DO/2002/333(2) unlawfully rejected the writ-petitioner's application apparently on the ground that Supreme Court of Bangladesh dismissed the review petitions as a result there is no scope even for consideration of the said application. It may be mentioned here that while dismissing......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
.... of a plot to the petitioner as an effected person. The Rule was opposed on behalf of the respondents submitting that all the plots were already allotted to other persons long ago and there was no scope for allotment of any plot to the petitioner and further that there is also no excess land for......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....of Criminal Procedure may be filed before the proper Court for release of the seized articles on conclusion of trial of the case but not before the High Court Division and it is not within the scope of an application under section 498 of the Code of Criminal Procedure to pass such an order ......nder section 498 of Cr.P.C. is not maintainable. Disposal of seized articles is governed by section 517 Cr.P.C. The High Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer for such rel..Category: Criminal Law | Date: | Hits: 57
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....he learned Judges transgressed their jurisdiction directing return of the Bank guarantee and the sale proceeds of the confiscated goods to the writ petitioner in that such relief was beyond the scope of the instant Rule". 6. At the hearing of the appeal Mr. AJ Mohammad Ali, ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....uit and as to possession of such properties. …………………..(5) The order of status quo was required to be filed before the learned District Judge and that being not done, there was no scope for converting the revisional application into a first miscellaneous appeal. The High Court Di......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ..Category: Civil Law | Date: | Hits: 92
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......ishable under sections 406/409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 against her. She surrendered before the Court on 20-11-1994 and was enlarged on bail. The respondent No.2, a Deputy Secretary of the Ministry of Women and Children Affairs, then b..Category: Administrative Law | Date: | Hits: 128
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......iminal Appeal No. 410 of 1991, before the High Court Division. On their application a Rule was issued upon the Deputy Commissioner, Gaibandha, to show cause as to why they should not be enlarged on bail till the disposal of the appeal. The Rule was discharged by the impugned order. The petitione..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....und and a body of officers and staff, maintaining its autonomous entity, but due to lack of necessary fund and the over bearing attitude of the Government officers of the District administration, the scope of its functions and activities could not widen according to expectation. Union Committees con...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... and he may decide in his wisdom on the report‑worthiness of the matter, but then his responsibility will be a little more onerous than one who acts as a mere journalist. There will be little scope for him to take the plea of inadvertence or technical mistake, or lack of command of language......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....ent No. 4) for obtaining allotment through a false affidavit, as alleged by the Co‑ordination and Control Cell, permission was accorded to transfer the plot in question. Hence there is no scope to consider the application for mutation. Member (Administration) is to conduct an......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....Ws 4, 8, 9, 10 and 11 is, that accused Mantu dealt a fala blow on the back side of Tara's head. Two injuries were found in the occipital region. As to one of them namely, injury No. 1, there is no scope for doubt that it was caused by accused Kabul With a dao; but as to injury No. 2, the d......hey are therefore sentenced to the period they had already served. The appeal is allowed with the findings and in the terms as mentioned above. Accused Mantu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is dispose..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....n 16 January, 1990. In this connection Mr. Khalilur Rahman has referred to a decision of this Court in the case of Bikash Ranjan Das Vs. The Chairman Labour Court, 29 DLR (SC) 280. In that case the scope and extent of the court's jurisdiction to examine and scrutinise the findings of a domestic ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ....... 508 of 1991). Judgment: Latifur Rahman J : This appeal is directed against the judgment and order passed by the High Court Division in Miscellaneous case No. 508 of 1991 on 18.7.91 refusing bail of the accused -appellant. 2. The appellant who was a former Chairman of Bangladesh Chemical..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....relying on AIR 1931 Cal. 659 it was held in Peoples Insurance Co. Vs. Benoy Bhusan AIR 1943 Cal. 199 (202), that Explain. 3 to section 17 Civil PC 1882, did not cut down or restrict in any way the scope of section 20(c) of the present Civil Procedure Code. It was observed: ‘‘That exp......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....ct, but any one of them does quite a different act. Basis of a case under section 34 is the element of participation, and that of a case under section 149 is membership of an unlawful assembly. The scope of the latter is wider than that of the former. 8. In this case all the petitioners h...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
.... 5. Leave was granted primarily to consider whether the learned Single Judge of the High Court Division was correct in re‑assessing the evidence on record and thereby acted beyond the scope of section 115 of the Code of Civil Procedure in setting) aside the finding of fact arrived a......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ..Category: Property Law | Date: | Hits: 98
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