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Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......or days either because of his personal reasons by going on leave or being engaged otherwise outside the Court that cannot mean that such days are not working days of the Court. 8. Contrary to this view several other decisions are cited by Mr. Md. Abdur Rouf, the learned Assistant Attorney General..Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
.... Privy Council emphatically declared under section 584 of the earlier Code which corresponds to section 100 of the present Code, there is no jurisdiction to entertain a second appeal on the ground of erroneous finding of fact, however gross or inexcusable the error may seem to be; and they added a n....... His further observation was the Nuruddin Ansari, the plaintiff of the 2nd suit, was not entitled to get a decree for specific performance of contract, even if the story of the contract was true, in view of the hardships on the part of the defendant Santosh Kumar Paul of the 2nd suit. He therefore ..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......er only because of the financial implications and burden that would bear upon the Trust. He submits that such considerations are unjust and contrary to law. 11. The petitioner points out that in view of this calculation of dues the Ministry of Law, Justice and Parliamentary Affairs also conside..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......ces of the case, so the grounds urged and contentions advanced by the learned Counsel for the petitioners are not correct exposition of law. 12. In the light of discussions made above, I am of the view that the impugned order suffers from no illegality or impropriety calling for interference by t..Category: Civil Law | Date: | Hits: 95
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......assed as to this Court may seem fit and proper. 2. The petitioner's case as set out in the Writ Petition, in short, is as follows: The petitioner is an established sand and stone trader. With a view to taking lease of a Stone Mohal comprising 30 hectares of land in Mouza Balabari, Lohakachi an..Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....e Court may have been a bad order and improper one not having given any reasons but before interfering with the same the High Court Division is required to examine whether the same has resulted in an erroneous decision occasioning failure of justice." 11. The learned Counsel lastly submits that t......h a new prayer, through in some respect similar but not exactly identical to the one disallowed earlier, was allowed by the same Court. Subsequent application being in the nature of a prayer for reviewing earlier order, discretion exercised by trial Court in accepting the prayer need not call f..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... of the State. Those who exercise the State-power are Ministers, Legislators and Judges and not the members of their staff who implement or assist in the implementation of their decisions. So in that view of the matter, the members of the Judicial Service cannot be equated with administrative execut..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ...... they had been receiving the honorarium till stoppage of the same during 2003 by the BNP-Jamaat alliance Government and the respondents most illegally reopened the so-called medical proceeding with a view to deprive the petitioners from the benefit though legally granted honorarium from 1995 to 1999..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....ould make out a prima facie case showing that an illegal proceeding appears on the face of the record either because the Court or tribunal has acted without jurisdiction or exercised its jurisdiction erroneously. In the instant case the dispute between Municipal Committee and the assessee arose on t......ult questions of interpretation of certain statutory provisions. Finding myself unable to agree with the interpretation and also the conclusions arrived therein, I consider it necessary to state my views in a separate judgment. 2. The Dacca Municipality assessed the annual valuation of the buil..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......g in holding that just because the licence was subject to condition the licence could be penalised without giving an opportunity of placing his version on the effects of the impugned order. In this view the last two considerations of the learned Attorney-General fail. 14. In support his second ..Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
....em. 7. Mr. Karunamay Chakma, the learned Deputy Attorney General appearing on behalf of the State submits that the Division Bench of the High Court Division allowed the appeal on misconception and erroneous view of the evidence on record. He further submits that the High Court Division failed to ......Mr. Karunamay Chakma, the learned Deputy Attorney General appearing on behalf of the State submits that the Division Bench of the High Court Division allowed the appeal on misconception and erroneous view of the evidence on record. He further submits that the High Court Division failed to consider t..Category: Criminal Law | Date: | Hits: 122
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......he legal notice in the petition of complaint, the case will render illegal when all other ingredients in filling the case is very much available in the materials on record. We find support of above view in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195. 17. M..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......ot pressed any other ground regard-ing sanction, non-submission of charge sheet within stipulated time etc, which are made grounds in the application, and admits that those do not come to any help in view of recent decisions of the Appellate Division in the cases of Dr. Mohiuddin Khan Alamgir and Ha..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......possession as against the Bangladeshi Company by virtue of section 53A of the Transfer of Property Act which creates a positive bar to the exercise of any right including that of taking possession in view of the agreement for sale of the industrial unit between the Pakistani Company and the East Pak..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262......., ill-founded that claim might be, and as such their entry into the huts did not constitute any criminal offence. 4. Mr. S.R. Pal, the learned Counsel appearing for the appellant submitted that in view of the evidence adduced by the prosecution that late Kumud Behari Dutta, father of P.W.1, had..Category: Criminal Law | Date: | Hits: 94
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......when he was on leave and the dismissal order that was passed on 26.11.73 giving retrospective effect from the date of suspension cannot be said to have been passed without lawful authority. In this view of the matter the Rule was discharged.
5. Leave was granted in the following terms:—
(i..
Category: Employment/Service Law | Date: | Hits: 107
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......case to the Appellate Tribunal for re-hearing and disposal of the appeal instead of quashing the proceedings which was the only order that could be passed under Article 102 of the Constitution in view of the finding that there had been miscarriage of justice and non-observance of some of the fun..Category: Criminal Law | Date: | Hits: 91
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......ervices of these employees could not be terminated by invoking the rule of master and servant. In the case of B.S.I. Corporation Vs. Mahbub Hossain, reported in 29 DLR (SC) 41, this Court has after reviewing a series of decisions on the subject has come to the conclusion as to the law relating to th..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......ourt, in exercising jurisdiction under Article 102 of the Constitution should not proceed to settle the disputed facts requiring taking of evidence. There is a long line of decisions in favour of the view that the High Court should not enter into disputed questions of fact nor decide any question as..Category: Property Law | Date: | Hits: 87
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......e Waqf Estate is a disputed question of fact, which can only be ascertained after taking proper evidence in the civil Court. The learned DAG also questions the maintainability of the writ petition in view of the fact that the petitioner in WP No.4116 of 2007 is a person who is representing an as..
Category: Property Law | Date: | Hits: 106
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