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State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......ether the High Court Division erred in treating the P.Ws.1-4, who are eye witnesses as being not reliable, and finding the case to be an embellishment; II. Whether the High Court Division erred in law in acquitting the convict respondents while not taking into consideration the confessional sta..Category: Criminal Law | Date: | Hits: 122
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......ving been a bar to challenging the order passed by the revenue authorities under Article 17 of the Bangladesh Land Holding (Limitation) Order, 1972 and both the Courts below having committed error of law occasioning failure of justice, the High Court Division erred in law in discharging the rule a..Category: Property Law | Date: | Hits: 93
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......লতে বদলী করা হইল। 8. Mr. AQM Safiullah, the learned Advocate appearing for the petitioner, submits that, the order passed by the learned Joint District Judge is bad in law on two counts i.e. order is a non-speaking order and also that, any case and Artha Jari Case fil..Category: Procedural Law | Date: | Hits: 126
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. ......General, for the State, on the order hand, submits that the opposite party categorically described the very arising out of cause of action having no ambiguity in it and therefore there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal..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. ......the said Court, she preferred this application under section 561A of the Code of Criminal Procedure making direct surrender before the High Court Division, which is illegal and not permissible in law. Rather it is well settled principle that a fugitive cannot get any relief from any Court. So th..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.......ty belonging to a Pakistani Company which is in possession of a Bangladeshi Company by virtue of an agreement in writing can be taken over as an abandoned property without rescinding according to law, the agreement under which the Bangladeshi Company has been in possession of the said property..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.......19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed prop..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.......5.7.73 on the basis of recommendation of the Screening Board.
3. The appellant challenged his dismissal order by filing the writ petition on the ground that he had already retired by operation of law on 31.1.73 and the proceedings before the Board and the subsequent orders were all illegal and w..
Category: Employment/Service Law | Date: | Hits: 107
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. ...... special leave arise out of an Order passed by the High Court Division in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points among..Category: Employment/Service Law | Date: | Hits: 123
....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.
......dditional prayer was inserted as A(1) "to show cause as to why the proceedings of LA Case No.138/61-62 so far as it relates to the petitioner's land should not be declared to have been passed without lawful authority and is of no legal effect." The petitioners have filed numerous affidavits and su..
Category: Property Law | Date: | Hits: 106
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......nistrative Tribunal case and contested by filing written statement. According to these contesting respondents the allegations against the petitioner were proved on enquiry held in accordance with law and that the authority concerned, after observing all the mandatory provisions of law, decided..Category: Administrative Law | Date: | Hits: 263
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......witnesses it has been proved that he has got his ancestral homestead and other house also. 15. However, considering the facts and circumstances and evidence on record we find no error of fact or law in the impugned judgment of the High Court Division. We, rather find that the High Court Divisio..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196....... who framed charge against the petitioner under sections 19(A) and 19(f) of the Arms Act. The charge was read over to the petitioner who pleaded not guilty and prayed to face trial in accordance with law. 4. The prosecution examined as many as 11 witnesses and on the other hand, the defence exami..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......ondal said that the rest amount of 'chanda' should have to be paid to them and also asked to keep the fact secret, otherwise the informant should face dire consequence; that subsequently whenever the law and order situation has improved the informant claimed back his money from the accused, who had ..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......s the Appellate Division in the case of Anti-Corruption Commission Vs. M.K. Alamgir, 62 DLR (AD) 290 has held that the notice dated 18.2.2007 issued by the Secretary to the Commission was without any lawful authority, as such void and any proceeding based on the said void notice is a nullity in the ..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......ent yet did not release the suit property from 'Ka' list of Abandoned Properties and restore its possession to the defendant. All on a sudden the plaintiff received a notice dated 23.12.2003 from the lawyer of the defendant rescinding the agreement for sale. Hence the suit. 4. Defendant entering ..Category: Property Law | Date: | Hits: 85
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......it No.48 of 1986 in the second Court of Munsif, Dhaka for declaration that the order dated 23.05.1978 passed by the opposite party No.2 in Miscellaneous Case No.17 of 1978 was void ab initio, without lawful authority, illegal, ultra vires and of no legal effect and not binding upon the plaintiff and..
Category: Property Law | Date: | Hits: 82
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......fter proper investigation and the Tribunal took cognizance of the offence. 6. We have examined the documents referred by the learned Advocate for the appellants and also examined the provisions of law. The Drug Act, 1940 does not ousts the jurisdiction of any other Court to try an offence relatin..Category: Criminal Law | Date: | Hits: 99
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......f any arms. In these days people do not dare to stand against illegal arms-holders and terrorists because of fear of life and honour. We must consider this social reality in interpreting the criminal law and rules of evidence. 11. The learned Judge of the Special Tribunal has considered the evide..Category: Criminal Law | Date: | Hits: 94
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......6 months from the date of receipt of the order, in default, for proceeding with the trial of the Title Suit No.213 of 1994. The learned Advocate has argued that the High Court Division has erred in law in giving this very direction ignoring the provision of Section 10 of the Code of Civil Proced..Category: Property Law | Date: | Hits: 75
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