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Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....sition he would have occupied had he not been removed from service. The Rule of extra-ordinary leave has no manner of application in his case. During the period of his removal he was not engaged in any remunerative employment or any business of profit. He joined the Dhaka District Bar and then the......submitted that he has received Tk. 73,000/- by way of earnings from his profession, a claim uncontroversial by the appellant. By now he has also retired from service. Without probing too much at this stage into the correctness or otherwise of his statement of earnings we think it will be fit and pro......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....an amicable partition there of by virtue of which the defendant Nos.1-3 got the suit land and are living thereby raising structures thereon; that although defendant Nos. 1-2 did not enter into any agreement for sale with the plaintiff yet the plaintiff appellant and he got a decree from cou......acter of the suit nor does it shift the place of property as stated in the kabala the basic document. It is an established principle of law that the prayer of amendment can be allowed at any stage of the proceeding in order to decide the matter in controversy between the parities. ......structures there on and once those were burnt in the fire. That the respondent defendants, who are bad people, trying to grab the same and in order to show their possession therein they had filed a proceeding under section 144 Cr.P.C. on 31.1.1989 which was found by the Upazilla Magistrate t..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....ality of the order of cancellation primarily contending that the said order was mollified and that was violative of the principle of natural justice since cancellation was made without serving any notice, and that also volatile of the fundamental right guaranteed by article 42 of the c......y;ments "does not call for interference". 7. Leave was granted to consider the contention of the respective appellants that plea of fraud was taken by the respondent at a late stage of the hearing of the Rules contrary to the respondent's own papers on record and that High C...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....ice on 30 November 1994. The authority thereafter issued the order retiring the appellant compulsorily from the service. The appellant filed appeal on 16 January, 1994 and that having not received any information from the respondent as to the result to the appeal he wrote to the appellate-author...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......appellant was that in the 2nd show cause notice it was not mentioned that punishment the authority intend to award would be compulsory retirement and lastly it was contended that since enquiry proceeding in the light of the provision of Rule 143(4) of the Rules was not completed with in the..Category: Employment/Service Law | Date: | Hits: 69
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....g that the present application is not maintainable section 491, Cr.P.C. which contains only the directions of the nature of habeas corpus and there is no scope to determine the question of custody of any minor as the determination of such a question depends on several facts and circumstances inclu......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......ly for determination of her age which has already done and (iv)whether in view of the consistent of the higher courts of the sub-continent that question of custody of a minor can also be decided in a proceeding under habeas corpus under m 491 of the Code of Criminal Procedure without prejudice to th..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ng the provision of section 144 of the Code of Civil Procedure, henceforth the Code, submits that the provision of this Code is very clear and when the plaintiffs have not been dispossessed due to any decree passed by a competent civil court the provision of section 144 of the Code is not attrac......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......that by no stretch of imagination it can be found that the fact involved in the present case attracted the provision of section 144 of the Code. He submits that the relief sought for in the present proceeding is not available to the plaintiffs. He further submits that it is not the case of the pl..Category: Property Law | Date: | Hits: 31
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ission made by the learned Advocate for the accused. It is well settled that a proceeding may be quashed under section 561A of the Code of Criminal Procedure if the Proceeding has not disclosed any case. In the present case it appears that a clear case under the Negotiable Instrument Act has......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......spondent moved the High Court Division in its criminal revisional jurisdiction in Criminal Miscellaneous Case No. 3325 of 1997 under section 561A of the Code of Criminal Procedure for quashing the proceeding and a rule was obtained. Subsequently, a Division Bench of the High Court Division by it..Category: Criminal Law | Date: | Hits: 45
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
.... Subsequently, the appellant submitted repeated representations to the respondent No.1 the Deputy Commissioner, for return of his fire arms, live bullets along with valid licenses but without any result. The Respondents case is that the respondent No.1 the Deputy Commissioner, Mymensingh re......ard in the matter personally prior to seizures of his licensed arms and as such the seizure of the arms was not only arbitrary but also volatile of the principles of natural justice, that at no stage petitioner was informed in any manner the cause of seizure of the fire arms and cancell......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ager of the plaintiff appellant was shown the aforesaid order of the Court and was requested not to proceed with the filling works and the Manager gave an undertaking not to proceed with any further work and that the land being acquired land of RAJUK the plaintiff had no right, title a......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ross examination the appellant has admitted that he did not prefer any appeal. Further in sub-section 2 of Section 17 of the Act it has been clearly enacted that no such, prosecution or legal proceeding shall lie against any person in respect of anything which in good faith done or int..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....ounsel for the petitioner submitted that complainant respondent no.2, filed the aforesaid case for realization of loan money as well as compensation in respect of which the Magistrate can not give any relief and dishonor of cheque is not an ingredient of cheating and the same does not constitute......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......of the Penal Code read with Section 138 of the Negotiable Instrument Act. The petitioner then moved the High Court Division on an application filed under section 561A of CrPC. for quashing the proceedings of the above Kotawali P.S Case No. 15(7) 2005 and the High Court Division by order dat..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....sted from a place within Bangladesh which is far away from the boarder of the country and found no prima facie evidence on record that the petitioner tendered the money in question for taking it to any foreign country by way of Hundi. 7. The High Court Division further found that the......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......o appeal is directed against the judgment and order dated 24.07.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 1900 of 2004 making the Rule absolute and quashing the proceedings of Metropolitan Special Tribunal Case No. 3151 of 2003, under Section 25(B) (1) of the ..Category: Criminal Law | Date: | Hits: 37
Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....Civil Procedure was submitted whereupon a Misc. case being No. 45 of 2000 was stated. In the said miscellaneous case the defendant Nos. 1-4 examined only one P.W. but the plaintiff did not examine any OPW. The learned Assistant Judge by the Judgment and order dated 20.4.2003 dismissed the m......iling written statement denying the material averments made in the plaint. 4. The case of the defendants, in short, is that the suit came up for peremptory hearing list on 23.4.2000. At one stage the defendant No. 2 separately submitted an application praying for allowing him to submit an......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ...... for correction of S.A. record in which the defendant No.1 appeared and filed written objection. The Miscellaneous Case was disposed of on the ground of maintainability and in the meantime the stage for R.S. Operation was over. Hence the present suit. 3. The defendant No.1 contested t......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ..Category: Property Law | Date: | Hits: 34
Azaharuddin Ahmed Vs. T. N. T. others Board and Others, 2007, 36 CLC (AD)
.... substances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 236. ......ces provided and it is payable by the service provider or by trader or by manufacturer. It also appears that the incidence of VAT is ultimately shifted to the consumers although at the initial stages, VAT is liable to be paid by different persons. It appears that an importer is liable to pa...... substances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 236. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
.... in revision seems to us a practical one who found to have discussed the matter from every angles. It may be mentioned here that the learned Advocate for the appellant failed to point out any illegality or unsoundness of the findings of the learned Judge of the High Court Division ......nd giving the parties an opportunity to produce those evidences before the trial Court to ensue complete justice. It is further found by the Additional District Judge that the plaintiff at one stage stated that he came to know about the disputed deed some 2 days before filing the suit and t......d that the defendant has a case as it appears from Ext. G series that immediately after the alleged gift Ram Nath opened a separate Khatian after mutation. But the order sheets of the mutation proceeding was not available before the Assistant Judge to look into the matter whether in that pr..Category: Property Law | Date: | Hits: 24
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....s also beyond the ambit of Order 6 Rule 17 CPC. 5. The learned Counsel for the plaintiff-respondents submitted that in terms of Order 6 Rule 17 CPC amendments of pleadings can be allowed at any stage of the proceeding and since the High Court Division sent back the suit to the trial court......so beyond the ambit of Order 6 Rule 17 CPC. 5. The learned Counsel for the plaintiff-respondents submitted that in terms of Order 6 Rule 17 CPC amendments of pleadings can be allowed at any stage of the proceeding and since the High Court Division sent back the suit to the trial court on ......e ambit of Order 6 Rule 17 CPC. 5. The learned Counsel for the plaintiff-respondents submitted that in terms of Order 6 Rule 17 CPC amendments of pleadings can be allowed at any stage of the proceeding and since the High Court Division sent back the suit to the trial court on remand with d..Category: Civil Law | Date: | Hits: 107
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....d writ petition deserves interference by this court. 5. We have heard the learned Advocate for the petitioner and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the mat......ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ...... for payment of Government dues of Tk.2,14,50,715.00 as without lawful authority. He lastly submits that the Commissioner of Customs is a lawful authority under the Customs Act, 1969 to take a proceeding against a person against whom allegations have been received from the competent authori..Category: Fiscal/Taxation Law | Date: | Hits: 55
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....scellaneous Case No. 33 of 2005 for staying all further proceeding of Small Cause Court Case No.1 of 2004 is a revisable order but the opposite party No. 1 to 4 did not challenge the said order in any Court. 5. Bivash Chandra Biswas, learned Advocate-on-Record, appearing for the petitione......n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ......sp;25.05.2006 passed in Civil Revision No. 3506 of 2005 by the High Court Division rejecting an application for vacating the order of stay passed on 25.08.2005 and the order staying the proceeding of the execution case on 08.04.2006 which was extended lastly on 08.05.2006 be re..Category: Civil Law | Date: | Hits: 94
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....red his 1/3rd share in the joint property under section 15 of Ordinance VII of 1947, on condition that he will not eject the refugees who have already been settled on his land and will not dispose of any part of his property without the permission of Custodian, Evacuee Property. Respondent No. 2 bei......ore the sale deed had been executed arid as on the date when the agreement of sale had been confirmed the sale deed did not exist, no question of confirmation of the transaction of sale arose, at the stage. No doubt, in the application No. 190 of 1958, on which the Additional Custodian's order dated......red as against the provisions of sections 19 and 20 of the Pakistan (Administrations of Evacuee Property) Act, 1957. Secondly, he contended that the appellant was not made a party in the confirmation proceeding and, therefore, the order of the Custodian authorities offends against the principle of n..Category: Property Law | Date: | Hits: 28
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....business partner of Mr. Abdul Jail. But the respondent-Opposite Party No.1 is neither a tenant nor a licensee of the shop rather he had been trying to forcefully occupy the shop No. 9 without any approval from the Book Society. 4. It was further stated on behalf of the petitioner tha......Society to withdraw the complaint. On 26th June 2007 at about 7.00 p.m. he with other 10/12 hired terrorists came to Niaz Monjil for taking revenge against the staffs of the Book Society and at one stage they tried to break into the case shop and tried to take forceful possession in it. On the s......The Kotwali Police Station thereafter ordered to maintain status-quo in the case shop. 6. Subsequently the Book Society filed an application before the CMM, Chittagong for drawing up a proceeding under section 145 of the Code of Criminal Procedure in the case shop. The applicati..Category: Criminal Law | Date: | Hits: 32
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