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Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)
.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ......be for the Court to decide to whom the notice will be served. In this view the name of the Respondent No.1 is struck off. Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in..Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....t for smuggling purposes; and that none of the cargo was meant for Rangoon port which is evident from the statements made by the ship's Agent at Chittagong. The Master of the ship could not produce any Bill of Lading, Bill of Export, Tally sheet, Mailer's Receipt, storage plan end cargo manifest. ......whether facts and circumstances of the case the learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competen...... Ruhul Islam J.- These two appeals by special leave arise from the judgment and order of the High Court Division dated December, 5, 1977 in Criminal Revision Case No.423 and 475 of 1977 quashing the proceedings in G.R. Case No.913 of 1977 of the Court of Sub-Divisional Magistrate Khulna, under sect..Category: Criminal Law | Date: | Hits: 95
....inter alia, that he had received furniture worth about Tk. 1,33,699/- during the period from 1-6-72 to 1-3-73 from the Wood Works Division of the Government but he did not enter the said furniture in any register. It was also alleged in the said charge-sheet that he constructed a multistoried buil......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
...... for taking action under Article 6 of the Presidential Order No.67 of 1972. On 1-10-74 the petitioner submitted replies to the aforesaid charges denying all the allegations made against him. When the proceeding was about to be completed the Second Screening Board found that the monthly remuneration ..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....) of section 3(1) of the Special Powers Act, an order of detention until further orders, on the ground, that it was satisfied that the order was necessary for the purpose of preventing him from doing any prejudicial act. As required by section 8 of the Act, grounds of detention were served on him wh...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......and have cited a large number of decisions in their support. We, however, are not inclined to refer to all of them except some of the leading cases relevant to the point under appeal. 5. Before proceeding to consider the questions under leave we think that a brief reference to the scope of hab..Category: Constitutional Law | Date: | Hits: 408
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... lease deed had been completed; that thereafter on the basis of an application filed by one Mujibur Rahman, Miscellaneous Case No.24 S,A. of 1980-81 was started; virtually there is no existence of any person named Mujibur Rahman; that the defendant No.2 by order dated 06.1.1992 dismissed the Mis......dly, the petitioner claims to be a possessor is not even a lessee but claims to have applied for the same. Under the provision of Order 1 rule 10 of the Code of Civil Procedure the Court may at any stage of the proceeding add anybody as a party as may appear just and the Court thinks that the nam......tioner claims to be a possessor is not even a lessee but claims to have applied for the same. Under the provision of Order 1 rule 10 of the Code of Civil Procedure the Court may at any stage of the proceeding add anybody as a party as may appear just and the Court thinks that the name of any per..Category: Property Law | Date: | Hits: 24
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....nknown persons came to them by a microbus and asked them to identify the house of one Murad Huzur whose mother was allegedly ailing in his house. Two victim minor boys agreed in good faith to accompany them in order to identify the house of Murad Huzur and boarded in the microbus but in fact they......prised the police of Hathazari Police Station of the occurrence. Negotiations between the informant party and the accused party continued over the demand of the ransom money over telephone. At one stage the negotiations between the informant party and the accused party over the payment of the ra......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....er father and being a predeceased daughter, the plaintiff No.9, cannot be treated as co-sharer of the suit property; the plaintiffs who relinquished all their right and interest are not entitled to any share by way of partition and the defendant No.1 is holding the entire suit property. However ......party to that suit did not contest the same but prayed for Saham. No objection against the Rafanama having been raised earlier, the petitioner is not entitled to challenge the same at such belated stage…………………….(5) Lawyers Inv......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....ons and that the plaintiff failed to prove his case. The trial Court also observed that the suit was barred by res-judicata. 7. The appellants went on appeal. The appellate Court upon introducing many irrelevant matters and that upon making unfounded comments against the Government functionaries,......but because of the laches of the person who was entrusted to get the land recorded in the name of the defendant the land was not recorded during the R.S. operation in his name, that although at one stage of the R.S. operation the land was recorded in the name of the defendant and a copy of the T.P......onsideration of the materials on record arrived at the finding that there was no suppression of the summons in the earlier suit i.e. Title Suit No. 860 of 1981 and that no fraud was committed "in the proceedings of the Court", that the plaintiff failed to prove that he was prevented from appearing i..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....nt of the People's Republic of Bangladesh on 20-8-1996 for his reinstatement in service whereupon a notification was issued on 15-1-1997 whereby the appellant was reinstated in service but without any arrear salary and allowances for the period he was out of service treating the said period as a......escribes a period of 6 months from the date of such order, decision or action to file such an application. The respondent's learned lawyer referring to the cause title to the application at one stage submits that for the purpose of this case, he has been aggrieved by the review order of reje......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....eport and the police report have committed an error of law occasioning failure of justice when section 561A of the Code, on plain reading, is intended to secure the ends of justice without imposing any bar to consider those documents perused by the Court which are in the case record. Dr Rahman fu......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ...... is directed against the judgment and order dated 12th January, 2005 passed by the High Court Division in Criminal Miscellaneous Case No, 12532 of 2003 discharging the Rule, which arose out of the proceeding in Druta Bichar Tribunal Case No. 5 of 2003 corresponding to GR Case No. 507 of 2003 and..Category: Criminal Law | Date: | Hits: 34
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....ber 20, 1975 and the kabuliyat dated December 17, 1927. The appellate Court upon taking the said two documents into consideration observed that the trial Court while decreeing the suit did not make any decision in any respect as regard the documents namely, kabuliyat and the Heba deed. It i......e suit and that the documents filed by the defendants have any bearing on the result of the suit. 14. The provision of law relating to production of additional evidence at the appellate stage is in Order XLI, rule 27 of the Code of Civil Procedure. The general provision of law is that......er the Court adopts this procedure it is bound by rule 27(2) to record its reasons for so doing, and under rule 29 must specify the points to which the evidence is to be confined and record on its proceedings the points so specified". 16. In the case of Cecil Waldron Andrew vs ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....proper investigation of the case. 12. The learned Counsel thereafter, submits that the case being a case of utmost national importance ought to have been investigated properly and having so many lapses including those mentioned by the informant petitioner in his application dated 30-4-2003......, in case of necessity in future. 17. He further submits that under section 173(3B) of the Code of Criminal Procedure nothing precludes further investigation in respect of any offence at any stage even after submission of police report i.e. charge-sheet in the instant case, and, as such, t......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....d to- Dr Ahmed Hossain vs Bangladesh and others 44 DLR (AD) 109; Smt. Indira Gandhi vs Raj Narayan AIR 1975 SC 2275; Jibendra Kishora vs Province of East Pakistan, 9 DLR (SC) 21; Jalan Trading Company vs Mill Mazdoar Sabha AIR 1967 SC 69; Sheikh Abdus Sattar vs Returning Officer and others 41 DLR......hus appear to permit selection of an officer through indirect election by a representative body, but not by a mechanical unit system. The Fortson-Gray theory developed above would permit multi-stage representative selection of delegates to the national conventions. A majority of the regis......ns that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons and other classes, in the like circumstances." 29. The legislature while proceeding to make law with certain object in view of which is either to remove some evil or to conf..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....ing, inter alia, that she is co-sharer by inheritance from her father Bazul Haque, one of the recorded co-sharers, and that the preemptee-petitioner is a stranger purchaser and that without serving any notice the property has been sold to the said preemptee and that no notice as required under s......igh Court Division it is apparent that no such ground was even canvassed there. It, therefore, appears that the learned Counsel has taken the plea of limitation before this Court at a very belated stage. 14. On perusal of the grounds in the leave petition itself, we are sorry to observe,...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....ding, inter alia, that the High Court Division after considering the facts and circumstances allowed bail in favour of the accused respondent for one year. 9. He further submits that though in so many words the High Court Division did not make any specific finding as to its satisfaction that ther......ence of the prosecution witnesses found the accused respondent guilty under section 6 of the Explosive Substances Act on the charge of providing the premises for preparation of bombs therein. At this stage we do not like to enter into merits of the appeal though submissions have been made by both th......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... was whether keeping in view the next parliamentary election or, in other words, for the ensuing parliamentary election the Election Commission would prepare a fresh voter-list without having any regard to the existing voter list or the Election Commission would prepare the voter list takin......ctoral rolls for the purpose of elections to different elective bodies and Electoral Rolls. Rules 1982 provides details in this regard. Ordinance 1982 as well as Rules 1982 more or less envisage 5 stages i.e.(1) preparation of the draft electoral roll, (2) after making addition or modification o......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... memo dated July 30, 1994, the authority communicated the order of compulsory retirement to the appellant. The appellant as against the said order of compulsory retirement filed appeal but without any success. Thereafter, the appellant filed a petition for review/reconsideration of the order pas...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ssed in the appeal but he did not have the desired result. The appellant challenged his order of compulsory retirement in the writ jurisdiction of the High Court Division primarily contending that proceeding against him was not concluded within the prescribed time in the light of the provision o..Category: Employment/Service Law | Date: | Hits: 92
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
.... the Penal Code. Section 195(1)(a) of the Code of Criminal Procedure is admittedly invoked which runs as follows: 195. (1) No Court shall take cognisance— (a) of any offence punishable under sections 172 to 188 of the [Penal Code], except-on the complaint in ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ch of the High Court Division in Criminal Miscellaneous Case No. 3864 of 2005 rejecting summarily the application under section 561A of the Code of Criminal Procedure praying for quashing the proceedings of CR Case No. 182 of 1999 (sat) under sections 183/186/188 of the Penal Code pending b..Category: Criminal Law | Date: | Hits: 46
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ts of Article 100 & 107 are declared unconstitutional. ……………………..(496, 523 & 529) Dissenting view: Per A.T.M. Afzal, J: The power to amend any provision of the Constitution by way of addition, alteration, substitution or repeal is found to......ew dispensation that was brought in by Martial Law Proclamation had created a disastrous effect on the administration of justice. This part of submission will be considered later at the appropriate stage. 118. To finish the story, on the 7th June, 1986 in anticipation of revival of the Constitu......been made by a deeming provision although nowhere in the Constitution such provision transfer of Judges of the High Court Division could be found; (e) Nothing has been said about the pending proceedings although constant legislative practice is to make such constitutional provision when..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....to accused Dablu. The informant raised alarm whereupon neighbour Professor Waned Anwarul Kader (P.W.1), Md. Hashem Air (P.W. 14), Md. Khizir Ahmed (P.W.5) and Professor Harun-or-Rashid (P.W. 13) and many others came and saw and heard about the occurrence. 3. On the allegation police investigated ......er of occurrence given by the prosecution. At first P.W.4 saw two persons when he opened the door. These two persons were unknown assailants who injured him and his wife, Dablu came at the second stage চকির নিচ হইতে and his wife was so surprised and said "Dablu তুই ...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
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