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Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
...., the Administrative Tribunal being the creature of the Administrative Tribunal Act of 1980, for the purpose of exercising its jurisdiction within the frame work of that Act, cannot act beyond the scope of section 7(1) thereof so far exercising its authorities under the Code of Civil Procedure o......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..Category: Administrative Law | Date: | Hits: 149
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......f Sessions Judge, Sylhet as Sessions Case No. 54 of 1994 for trial. 3. The records of GR Case No. 77 of 1986 was transmitted from the Court of the Sessions Judge after disposal of the bail matter by the Sessions Judge to the court of the Additional District Magistrate, Sylhet on 20-..Category: Criminal Law | Date: | Hits: 68
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....the public interest and the aggrieved person raises no objection to such application.” 37. But even without the proposed amendment, the Supreme Court of Sri Lanka has of late been extending the scope of standing. Thus it has granted standing to a member of parliament seeking issuance of letter......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
....e afternoon). So, the report cannot be said to be unauthorized. Had the Chairman executed the letter of authority in favour of the Executive Director after the Board meeting, there would have been no scope for any objection. Much ado is being made on the ground that the letter of authority was execu......petitioners as were relevant in each case.
4. It appears that the accused-petitioners moved the High Court Division on the day following taking of cognizance by the CMM and obtained anticipatory bail. Then they filed Criminal Revision Cases No. 163-165 of 1997 before the Sessions Judge, Dhaka u..
Category: Business or Commercial Law | Date: | Hits: 163
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
....pugned order dated 17 August, 1997, deleted that part of the order of the learned Magistrate directing further investigation taking the view that the charge-sheet having been accepted there was no scope for further investigation. The learned Magistrate was directed top with the matter in accorda...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... Appellate Tribunal made no reference to it at all and merely contented itself by reproducing the reasoning of the Deputy Commissioner of Taxes. In the face of the circular of the NBR, there was no scope for the revenue to contend that the disputed amount which was transferred to the account of ...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......-petitioner has preferred this petition for leave to appeal. 9. It has been stated in the petition for leave to appeal that the accused-respondent and others appeared in the Court and took bail. The informant filed an application for examining the signature appearing in the deed of gift ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....or a Municipality, District Board or any other local authority legally entitled to or entrusted by the Government with control or management of any municipal or local funds do not come within the scope of this rule.” All lands in a Native State which ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....or the purpose of determining the real questions in controversy between the parties. But the whole question in the present case is whether, having regard to the stage of the proceeding, there was any scope for allowing the plaintiffs to amend their plaint. It has been noticed that the appellants pra...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....duly served upon the defendant. Referring to the principles of law laid down by this Division in the case of Abdus Satter vs. Suresh Das 32 DLR (AD) 170, the learned Counsel submits that although the scope of exercising revisional jurisdiction under section 25 of the Small Cause Court Act is wider t...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
.... Court did not accept the plea on the view that the suit being one for recovery of khas possession the determination of title and the cause of action having arisen on and from 6-7-1986 there was no scope to say that the suit was barred by limitation. 5. Being aggrieved the defendant-peti......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....r of years at different stations where he was posted. The penalty of compulsory retirement was itself a lenient one for the offences calling for dismissal from service. He submitted that there was no scope for further lenience demonstrated by the Administrative Tribunal and the Administrative Appell...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....llowing which the respective Committees were required to select candidates for promotion. Arbitrary, unguided, unfettered and undefined powers were vested in these Committees giving them an unbridled scope to select candidates according to their own whims and caprices without being mandatorily requi......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....ove admission it is clear that the defendant Nos. 1-5 did not dispute the claim of the plaintiff rather sent the claimed amount to furnish bank guarantee for the release of the vessel. So there is no scope for the defendant No.6 to be adversely effected in the least by the decree passed in the suit.......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ...... accused respondent Nurul Islam Kabiraj @ Nuru Mohammad @ Nuru son of Futesh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ..Category: Criminal Law | Date: | Hits: 106
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......entioned above and the Bureau after investigation submitted charge sheets against the petitioner and the Thana Magistrate, Adamdighi accepted the charge sheets and the petitioner has been allowed bail by the learned Sessions Judge and the cases have been transferred to the learned Divisional Spe..Category: Anti-Corruption Laws | Date: | Hits: 94
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......, Brahmonbaria is directed to get the respondent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ..Category: Criminal Law | Date: | Hits: 92
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....rvice of the Republic can file a writ petition on limited grounds as regard the matters, even though the same relates to the condition of service. So law is now settled that except on the limited scope a writ petition involving question of determination of the question of the matters relating ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....lity in refusing to quash the proceeding in question having prima facie allegation made in the complaint petition disclosing some offence. 6. In such view of the matter, there is no scope for quashing the proceeding and the learned Judges of the High Court Division rightly passed t......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 104
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
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