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Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....…….......Respondents Judgment December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue ......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. ......lip;….......Respondents Judgment December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....f Mr. Rokanuddin Mahmud can be brushed aside lightly. 9. We have also perused the judgment and order of the High Court Division wherefrom we find that the High Court Division did not commit any error calling for our interference. In the aforesaid premises we do not find any substance in t......been seriously challenged on behalf of the respondent. 8. We have perused the First Information Report. In consideration of the facts and circumstances we do not think that at this stage the submissions of Mr. Rokanuddin Mahmud can be brushed aside lightly. 9. We have also......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 71
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Mahfuzul Hoque, Golam Mostafa, Abul Kalam, Abdul Matin, Md. Shahid, Ujjal Chowdhury, A. Rahman, M/s. Hasan and Company, M/s. Asgar Oil Mills Ltd. M/s. F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahim, S.H. C...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......ve been made without lawful authority. 21. At the fag end of the hearing, however, the learned Attorney General could be able to produce the file containing record of the case including the proceeding of the committee fixing the tariff value. 22. On perusal of the same we find tha..Category: Fiscal/Taxation Law | Date: | Hits: 107
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
.... the pre-emptor that his son came to know about the transfer in question for the first time on 27.10.96 from the contents of the 1996; the other two witnesses examined by the pre-emptor did not say anything about the knowledge of the pre-emotor about the kabala in question as alleged in the appli......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......nd recorded a clear finding that the preemptor could not prove that the pre-emption proceeding was filed within four months from the date of his alleged knowledge and thus the preemption proceeding is barred by limitation. 6. The Learned counsel appearing for the petitioner..Category: Property Law | Date: | Hits: 34
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....onsider the submission that the Administrative Appellate Tribunal erred in law in setting aside the judgment of the Administrative Tribunal against which the aggrieved party had not preferred any appeal and, as such, there was miscarriage of justice and the submission that the Administrativ...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......thority but dismissed his prayer for arrear salary. The Administrative Appellate Tribunal dismissed the appeal as a whole on the ground that Ministry of Finance having not been made a party in the proceeding; the appellant was not entitled to get his salary and allowances for the period he actua..Category: Administrative Law | Date: | Hits: 132
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....statement and the defendants having not filed the written statement the plaintiff on 14-5-98 filed an application praying that the suit be fixed for ex parte hearing as the defendants did not file any written statement within two months as provided in Order VIII, rule 1 of the Code of Civil Proc......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ...... the same stating that he would not get fair trial; then the plaintiff, being compelled to believe that the defendant No.1, in order to dismiss him from service initiated the so-called departmental proceeding, had no other alternative but to file the suit. The defendants having entered appea..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
.... the averments, inter alia, that two of them were Bangladeshi, seven of them were British and one of them was a Malaysian citizen and they were shareholders of Messrs Eastern Tubes Ltd. a limited company incorporated at Dhaka on 26-6-1964 holding 1,04,265 shares out of a total of 1,70,000 shares in ......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. ......after, Mr. Huq submits that no power of attorney by the appellant Nos. 2 to 10 is found available in the file and that from the facts and circumstances appearing in the record, it appears that entire proceeding initiated in the names of the appellants is a fraudulent attempt to grab the shares illeg..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... from Nalchity Merchants High School (the High School) established in 1929, that the High School was started for imparting education to the boys and the said school had at no point of time admitted any girl, that to eliminate the School the High School circulated posters and leaflets for admitti...... 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. ......nts admitted therein is not a property right and, as such, choice of the student to get admission in a particular School is not violation of proprietary right, that High Court Division was wrong in proceeding on the premise that the School has the right to get the girl student admitted therein s..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....reads as under: "6. Jurisdiction of Administrative Appellate Tribunal.- (1) The Administrative Appellate Tribunal shall have jurisdiction to hear and determine appeals from any order or decision of an Administrative Tribunal. (2) Any person aggrieved by an orde......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......espondent No. 1 Md. Abdur Razzaque was appointed as MLSS on 22-2-1977 and obtained Selection Grade on 31-11-1987 and was serving as such and that the Deputy Commissioner, Dhaka started departmental proceeding against him under Rules 3(a) and 3(b) of the Government Servants (Discipline and Appeal)..Category: Administrative Law | Date: | Hits: 117
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....d fraudulent. 4. The appellant, on the other hand, claimed that by the "Ijara kabuliyat" dated 23.6.26 (Ext.8) no Dar-rayati interest was created in favour of Ram Prosad Muchi, that he did not get any other tenancy right but was a mere Ijaradar for a short time, that though he continued as Ijarad......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 ......y referred to, and threatened him with dispossession. Thereupon he filed an application under section 145 CrPC (Misc. Case No. 34 of 1977) before the Sub-divisional Magistrate, Comilla, who started a proceeding thereon, attached the land and appointed the Officer-in-Charge of the Police Station as..Category: Property Law | Date: | Hits: 38
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ear 1996 Dhaka Community Hospital, for the first time, detected a patient with symptoms of arsenic poisoning and the Chairman of the said hospital, though took up the matter, did not receive any response from respondent Nos.4 and 5; the respondent Nos.1, 2 and also Dr. Deepak Bahcher......ued and still continue to drink such water with its serious impacts on public health. The papers as annexed show that the effect on health of arsenicosis is very severe and it involves three stages leading at the most serious stage to cancer, the PRIMARY STAGE includes" (i) blacking o......held that the continuing inertia, of the agencies to even commence a proper investigation could not be tolerated any longer. In view of the persistence of that situation it became necessary as the proceedings progressed to make some orders which would activate the CBI and the other agencies to a..Category: Environmental Law | Date: | Hits: 255
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....or costs for being unnecessarily impleaded in the appeal. 4. To appreciate the point the relevant provisions of section 167(9B) of the Act may be set out: "If, in relation to any goods, an offence is committed under section 39, the goods in question shall be liable to co......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......re "such goods" in the penultimate clause of the Sub-section. The words in that clause have been so placed, that by grammatical construction, they denote the goods referred to in the proceeding clause. The proceeding clause says, that goods in question shall be liable to confi..Category: Fiscal/Taxation Law | Date: | Hits: 92
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ions 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for giving false evide...... his torch and saw some persons sitting with PW 3 Nurul Alam and immediately asked who were they. If he had already seen the appellants on his way home, he would not have asked this question. At that stage for the first time the identity of appellant Abu Taher was revealed to him. The other appellan......a jug of water to deceased Zafar on his request and came back to his house by coaster along with accused-appellant Abul Kashem. At about 8-00 PM PW 3 came out of his house after having rice and was proceeding towards the road when appellant Abu Taher focused a torch on him and asked in Chittagong ..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....Each of these words has separate meanings and each word is attended with different consequences. 7. When a proceeding is stopped either under section 249 or 339C of the Code, without pronouncing any judgment either of acquittal or of conviction and the accused is released, it does not operate e......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 ...... suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped and accused released under section 339C (4) of the Code. Order of the High Cou..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
....e said case that the order of suspension having been made without taking notice of the reports in which the officer concerned had been exenerated of the charges brought against him was made without any application of mind and as such without legal authority. The learned Judges of the High Court h...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......es, misuse of power and misappropriation of funds had been prima facie proved and the petitioner having rushed to the Court immediately after the order of suspension had been made, the enquiry proceeding which was to commence formally could not be commenced because of the stay order issued b..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....based on misconception of documentary evidence as well as non consideration of material evidence. 7. Leave was granted to consider the contention that plaintiffs having not been able to show any payment of rent in respect of the land in suit the High Court Division was in error in re......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. ......e rightful claimant of the property does not lose his right in the property for nonpayment for some time unless person to whom the claimant of the land owes obligation of payment of rent initiated proceeding, either rent suit or certificate proceeding for realisation of rent or other dues a..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
.... defendant No. 1 and in favour of the plaintiffs on taking deposit of the balance consideration money, c) that the defendant No. 1 be restrained by an order of temporary injunction from creating any fraudulent, forged document till the disposal of the suit, d) that the cost of the suit be dec......ssion of the property measuring 1.50 acres of land with buildings and structures thereon. The suit ended in compromise but the plaintiff failed to comply with the terms of the compromise and at one stage the plaintiff entered into a contract for sale with the third party but ultimately failed an......ant Nos.1 and 2 are not entitled to the protection of section 53 A of the Transfer of Property Act for retaining their possession of the land in suit, that the High Court Division was wrong in proceeding with the premise that the defendants were ready and willing to perform their part althou..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....dra had never taken settlement from the ex-landlord, that as Bipin Chandra had no right, title, interest and possession in the land in suit, the plaintiff by his so-called purchase did not acquire any interest in the land in suit, that neither Bipin Chandra nor the plaintiff' possessed the land ...... one as has been done in the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......t the said order within 30 days which was not filed by the defendant. Section 117 of the State Acquisition and Tenancy Act relates to Sub-Division of holding and restriction thereon. Mutation proceeding and Sub-division of holding are not identical. Mutation of the khatian or correction of ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....f rights. The plaintiffs are not entitled to take advantage of this wrong payment, as the plaintiffs have acquired no right, title or interest over the suit property nor their alleged vendors had any right title or interest over the suit property.” 6. The learned Subordinate J...... “The defence wants to delete some admissions made in the written statement by way of amendment. This will, no doubt, prejudice the right of the plaintiffs and should not be allowed at this stage of the suit and this would have the effect of getting out of defendant’s admission in ......h has been conferred by the provision of Order 6, rule 17 of the Code of Civil Procedure upon a Court has been expressed in the following words: “The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....learned Counsel for the appellant contended that section 28 of the Local Government Ordinance, 1976 has conferred right upon the appellant to move application for transfer before the Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, th......ned Counsel for the appellant contended that section 28 of the Local Government Ordinance, 1976 has conferred right upon the appellant to move application for transfer before the Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, the le......g Nos. (1) to (3) b. The appellant objected to the admission of Exhibit 3 series and also filed two petitions, one against the admission of exhibits and the other for adjourning the hearing of the proceeding to enable him to move the Government for transfer of the case under section 28 of the Lo..Category: Election Law | Date: | Hits: 122
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