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Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......ision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ed 9-5-1998 was registered under sections 147/347/379 of the Penal Code and after investigation the police on 8-9-1999 submitted charge sheet under sections 143/447/379 of the Penal Code against 33 persons including the accused petitioner. Then, on 4-11-1999 the learned Magistrate framed charges ......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......on of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....ection 8 of the Act 20 of 2000 is beyond the scope of Article 133 of the Constitution, inasmuch as Article 133 does not empower the Parliament to vary the terms and conditions of the service of the persons in the service of the Republic, such inter-transferability and consequent seniority being a......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ...... This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....to find out the materials for filing any case against her. Therefore, they are now purporting to incriminate her in any case and by any means whatsoever. They are creating force to various interested persons to file false and frivolous cases against her only to harass and humiliate her and to ruin h...... Dhanmondi Residential Area, Dhaka and now kept in confinement in Special Sub-Jail at Sher-e-Bangla Nagar, Dhaka. 5. It was further stated that the respondent No.1 has been targeted by a powerful interested quarter within the present Government to destroy her political career as well as Banglade...... Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... but for those who are the direct victims of such unconstitutional or illegal action, because granting such relief to them would repair the injury caused to administration of justice. But the persons for whom the relief is sought must be ready to accept it; they must appear and make it know......ned as a party respondent to the writ petition filed by VM Tarkunde, he did not choose to appear and take part in the proceedings. He did not even file an appearance, presumably because he was not interested in wrestling back the office of an Additional Judge through a judicial writ. He adopted ......gainst is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......the above plots was served upon him except notice dated 16-4-1985 under section 7(3) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 by which he, being treated as a person interested, was informed that compensation for structure amounting to Taka 5,95,221 had been awarde......to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....ondent Mir Md Helaluddin, charge sheet was submitted under section 27 of the Anti-Corruption Commission Act, 2004 and section 109 of the Penal Code. Accordingly, charge was framed against the accused persons including the accused-respondent. After conclusion of trial the learned Special Judge, Spe......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......lso Reported in: 60 DLR (AD)(2008) 55. ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
.... VIII of the Penal Code and then interpreted Section 141 of the Code by holding that according to the fifth clause of Section 141 of the Penal Code a procession or other activities of five or more persons in support of or to force hartal shall be unlawful assembly punishable under Section&n......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....to case land within the definite and clear knowledge of the pre-emptor and the pre-emptee purchased the case land within the knowledge of the pre-emptor and his brother Mozammel Huq and other persons of the locality. So the case of the pre-emptor is barred by limitation. 4. The learn......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......ischarging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....etailed discussion of the depositions of witnesses of both sides and other evidence, the High Court Division believed the plaintiff-respondent's case. It also found that all the DWs are interested persons and closely related to each other. It further found that Exhibit-A through which the defend......ion. After detailed discussion of the depositions of witnesses of both sides and other evidence, the High Court Division believed the plaintiff-respondent's case. It also found that all the DWs are interested persons and closely related to each other. It further found that Exhibit-A through whic...... High Court Division calling for our interference. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 35
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
.... of nationality of the shareholders. In the meantime, Messrs Bella Artifitex Industries Ltd. and some other sister enterprises of the said company in which major shares were held by the same group of persons were released to the shareholders by the Government being satisfied as to the genuineness of......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......th the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......on fees and session fees as well as without tuition fees only to cause prejudice to the School and that because of the mode resorted to by High School the parents of the girl students would not be interested to admit their girls in the School and thereby the School would face serious loss which ......discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......s the Vice-Chairman of the Nalchity Girls High School filed the aforesaid suit stating, inter alia, that Nalchity Girls High School (the School) was established in 1966 for the purpose of imparting education to the girls of the locality, that the School imparts education to the girls from Class V..Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ble of being bequeathed. Such rights were conferred on a non-agricultural tenant, for the first time, under section 7 of the Non-Agricultural Tenancy Act 1949; under this section certain classes of persons holding non-agricultural land by lease were given non-ejectable right. Ram Prosad Muchi, in ......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......e lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....der V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and names of the persons witnessing the refusal under rule 84(e), the report cannot be accepted. And the courts below......tter of record. It should have struck the Courts below that litigants who were contesting without laches a suit for permanent injunction in respect of the suit land would not ordinarily become disinterested to contest a subsequent suit for declaration of title in respect of the same suit land, i...... is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....petition nor in the supplementary affidavit, the respondent No. 1, except using the word malafide in a general way, did not furnish any other particulars so as to constitute malafide and further, the persons who acted malafide were also not identified; the letter of the appellant dated 13-8-1999 add......ion of malafide, being a question of fact, has to be alleged specifically. As it appears in the writ petition, at paragraph 10, the respondent No.1 merely stated that he has come to learn that some interested quarter in order to frustrate the work and the contract at the instance of some corrupt...... the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....viduals in Bangladesh were at risk of arsenicosis but as it appears from the papers annexed in the writ petition, by 2004, that is in a further six years, the above figure had jumped to 30 million persons at risk. As is evident from Millennium Development Goals Progress Report 2005 prepared in c......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......s allowed within directions as set out above. There is no order as to costs. Ed. ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
.... before the Upazila Nirbahi Officer as well as Magistrate First Class, on 2 May 1984 and the latter recorded Nuru's statement under section 164 CrPC This witness gave out that through him the accused persons had called Zafar to the bank that night and in his presence killed Zafar and left his dead b......e the Upazila Nirbahi Officer and got his statement recorded in an unusual manner by-passing the Munsif-Magistrate. As soon as his statement was recorded, other witnesses, most of whom are highly interested, came out with their respective stories of having seen the appellants near the scene of o......Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
.... following stoppage of proceedings and release of the accused under section 339C (4) of the Code of Criminal Procedure, shortly, the Code, a fresh complaint/proceeding against the same set of accused persons by the same set of complainants upon the self-same allegations is permissible or not. It ari......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......ence with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... did not lose her interest in the land in suit. The trial Court on consideration of the evidence of the parties found the evidence of the witness examined by the- plaintiffs is reliable and disinterested relating to matter of possession of the parties and thereupon held that the plaintiffs ...... appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52