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Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
.... Judgment Ruhul Islam J.- These two appeals by special leave arise from the judgment and order of the High Court Division dated December, 5, 1977 in Criminal Revision Case No.423 and 475 of 1977 quashing the proceedings in G.R. Case No.913 of 1977 of the Court of Sub-Divisional Magistrate Khuln...... Ruhul Islam J.- These two appeals by special leave arise from the judgment and order of the High Court Division dated December, 5, 1977 in Criminal Revision Case No.423 and 475 of 1977 quashing the proceedings in G.R. Case No.913 of 1977 of the Court of Sub-Divisional Magistrate Khulna, under sect..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
...... for taking action under Article 6 of the Presidential Order No.67 of 1972. On 1-10-74 the petitioner submitted replies to the aforesaid charges denying all the allegations made against him. When the proceeding was about to be completed the Second Screening Board found that the monthly remuneration ..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......and have cited a large number of decisions in their support. We, however, are not inclined to refer to all of them except some of the leading cases relevant to the point under appeal. 5. Before proceeding to consider the questions under leave we think that a brief reference to the scope of hab..Category: Constitutional Law | Date: | Hits: 408
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......tioner claims to be a possessor is not even a lessee but claims to have applied for the same. Under the provision of Order 1 rule 10 of the Code of Civil Procedure the Court may at any stage of the proceeding add anybody as a party as may appear just and the Court thinks that the name of any per..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......onsideration of the materials on record arrived at the finding that there was no suppression of the summons in the earlier suit i.e. Title Suit No. 860 of 1981 and that no fraud was committed "in the proceedings of the Court", that the plaintiff failed to prove that he was prevented from appearing i..Category: Property Law | Date: | Hits: 38
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ...... is directed against the judgment and order dated 12th January, 2005 passed by the High Court Division in Criminal Miscellaneous Case No, 12532 of 2003 discharging the Rule, which arose out of the proceeding in Druta Bichar Tribunal Case No. 5 of 2003 corresponding to GR Case No. 507 of 2003 and..Category: Criminal Law | Date: | Hits: 34
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ns that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons and other classes, in the like circumstances." 29. The legislature while proceeding to make law with certain object in view of which is either to remove some evil or to conf..Category: Constitutional Law | Date: | Hits: 221
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ssed in the appeal but he did not have the desired result. The appellant challenged his order of compulsory retirement in the writ jurisdiction of the High Court Division primarily contending that proceeding against him was not concluded within the prescribed time in the light of the provision o..Category: Employment/Service Law | Date: | Hits: 92
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
.... Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3864 of 2005 rejecting summarily the application under section 561A of the Code of Criminal Procedure praying for quashing the proceedings of CR Case No. 182 of 1999 (sat) under sections 183/186/188 of the Penal C......ch of the High Court Division in Criminal Miscellaneous Case No. 3864 of 2005 rejecting summarily the application under section 561A of the Code of Criminal Procedure praying for quashing the proceedings of CR Case No. 182 of 1999 (sat) under sections 183/186/188 of the Penal Code pending b..Category: Criminal Law | Date: | Hits: 46
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....utional piece of legislation will displace one of the three structural pillars on which the mechanism of the Constitution rests. Evidently this observation in a case where the main question was the quashing of a criminal proceeding and bail has not much significance because the issue here is the p......been made by a deeming provision although nowhere in the Constitution such provision transfer of Judges of the High Court Division could be found; (e) Nothing has been said about the pending proceedings although constant legislative practice is to make such constitutional provision when..Category: Constitutional Law | Date: | Hits: 1934
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......stated that the allegation as to A.C.R was not correct and the appellant was duly informed of the adverse remarks made by the counter-signing Officer. The respondent stated that in a departmental proceeding the appellant was found guilty of inefficiency and misconduct and by way of penalty his o..Category: Employment/Service Law | Date: | Hits: 89
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......the question whether the High Court Division has erred in law in upholding the decree that was passed by the Appellate Court below on the ground that the Emergency having been lifted on 16.2.69 the proceeding in V.P. Case No. 24 of 1978-79 was illegal and void. 3. Facts are as follows:-Plaintif..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......ncluded "the Chairman and acting Chairman cannot stand on equal footing." 8. In this view of the matter, the High Court Division took the view that the three members who took part in no-confidence proceedings being acting Chairmen were not representative members and as such they were not eligible..Category: Election Law | Date: | Hits: 128
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109...... summarily as already stated. 6. Being aggrieved thereby the appellant filed petition for leave to appeal before this Division on 14.12.87. He also obtained an order of stay on 1.11.87 for further proceeding of Misc. Case No. 233 of 1985 till 22.11.87. This stay order has been extended from time ..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......fic performance in the same court. 4. The learned Advocate for the appellants relying on the provisions of Order 21, rule 29, C.P.C. submitted that it was a proper case for staying the execution proceeding and the order of rejection was not made upon proper exercise of discretion. 5. It appe..Category: Civil Law | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......it was held that the election embraced the whole procedure which consisted of several stages. That the law does not contemplate that there should be two attacks on matters connected with election proceeding, one While the election process is going on by invoking the extraordinary jurisdiction ..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......tion that defendant No.2 Superintending Engineer, Public Health Engineering, in short P.H.E., Khulna Circle by his Memo N0.1207/KC dated 25.4.1977 (vide Annexure-A) illegally initiated a departmental proceeding against him and by his office order dated 16th May, 1977 discharged the plaintiff from se..Category: Employment/Service Law | Date: | Hits: 103
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......e persons or things may be classified into different categories according to those distinctions; this is what is called 'permissible criteria! or "intelligible differentia", The Legislature while proceeding to make law with certain object in view, which is either to remove some evil or to confer..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... Judgment May 4, 1988. The Transfer of Property Act, 1882 (IV of 1882), section 109 Attornment It is found that the question of attornment was not raised cither in the pleading or in the proceeding at any time. As a matter of fact, the question of attornment does not arise at all becaus..Category: Others | Date: | Hits: 96
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... Court Division on misconstruction of documentary evidence, particularly the rent-receipts produced by the parties and also on wrong view of law taken by the learned Single Judge, in respect of the proceeding under section 19(1) of the State Acquisition and Tenancy Act. 6. As to jurisdiction ..Category: Property Law | Date: | Hits: 46
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