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Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......ent No.7 and the matter was delayed in the Established and Audit Department. Respondent No.4 rejected the appeal holding that the date of birth of the petitioner was 08.04.1947 and the same should be recorded instead of 04.08.1952 in his Memo No. St/604/31 dated 24.06.2002. After about 30 years the ...... facts, leading to the filing of this petition, in a nutshell, are as follows: 3. The petitioner was appointed as “Work mistri” in the Railway Department and at the time of his appointment in service, he declared that his date of birth was 08.04.1952 and in support of his date of birth, he s..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......ssed his matriculation examination from Bhaberchar Wazir Ali H.E. School under the East Pakistan Higher Secondary Education Board, Dhaka in 1961. At the time of registration of his name in the school records his date of birth was wrongly recorded as 30.11.1942 instead of 30.11.1946, which was detect......eclaration that the said Memo is illegal, without jurisdiction, without lawful authority and is of no legal effect and further declaration that the petitioner is legally entitled to retain his former service in the Jibon Bima Corporation till disposal of the writ petition and or his attaining the ag..Category: Employment/Service Law | Date: | Hits: 58
....d further since there was a decree of the civil Court in Title Suit No.12 of 1990 rejecting the plaint there was no chance of any order being passed that would prejudice the petitioner and as such in good faith took no steps in the said writ petition. But the Government as pro forma respondent took ......ade by it in exercise of its power under Article 98 of the Constitution of Pakistan (1962), the Supreme Court held that apart from the High Court's power to correct errors apparent on the face of the record in exercise of its inherent jurisdiction, the High Court has power under the Code of Civil Pr......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......sioner of Taxes, B Range, Dhaka (West) Zone, Dhaka. The Appellate Joint Commissioner of Taxes found that the last date for hearing of the case was fixed on 27.6.1981 ad he stated “on examination of records all the notices including the last adjourned hearing notices were found properly served. Hen......on 23(4) and in such circumstances it cannot be said that the assessee was not given an opportunity of being heard. We are also unable to read anything from sub‑section (4) of section 23 that after service of notice issued under sub‑section (2) section 23 of the Income Tax Act, the Deputy Commis..Category: Fiscal/Taxation Law | Date: | Hits: 98
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ...... in her turn, transferred her right, title and interest in the suit land to Md. Putan. Although Md. Putan became the absolute owner of 14 drones of land, the names of his heirs and heiresses were not recorded in the R. S. Khatian owing to mistake. The R. S. record was prepared in the names of Ali Ho......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ...... Resolutions are fake documents as no one signed except petitioner No.2 himself and since the signatures of the Directors submitted by the writ-petitioners did not tally with the signatures kept with record of FJSC, these being serious allegations of fraud committed on members for the purpose of sec......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......authority. According to the writ petitioner, he joined the Sahabuddin College, Fulbaria, Mymensingh as lecturer on 1st November, 1992 on a monthly scale of Tk. 3,200/-. After completion of 8 years in service the college authority on 21st December, 1999 recommended to the writ respondent No.3 for giv..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ...... in the eye of law. Accordingly, he submits that the learned Special Judge, Court No.2, Dhaka was manifestly wrong in convicting the appellants and also has failed to weigh and sift the evidence on record as is required by law and as such the impugned Judgment and order of conviction is liable to ......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... case and another. Keeping this in view, the law enunciated by superior Courts are to be applied in subsequent cases if there are some similarities between them and if such application is not against good reasonings and common sense. 72. From the decisions and rulings of the High Court Division a......ntry of arrival.” After enunciating the above quoted principle of law which is general in its applicability, their Lordships of the Supreme Court of Pakistan took into consideration the evidence recorded by the Magistrate at the time of trial of the respondents and further held: "The Migrati......every citizen, the petitioner should be deemed to be a citizen of Bangladesh. The learned Attorney‑General, however, has pointed out that the petitioner was described in the voter list of 1983 as a service‑holder and in the voter list of 1990 as a businessman and because of this mis‑descriptio..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......no proceedings in existence therefore which can be quashed. 22. We have heard the submissions of Mr. Abdur Razzaq and the counter-submissions of Mr. Mahbubey Alam and Mr. MK Rahman and perused the record. 23. It transpires that Mr. Abdur Razzaq has rightly submitted that no constitutional reme......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ary, namely for political and other purposes and motives. Mr. Azim did not deny the fact that the he would prefer to see appointment on merit, but he was apprehensive that the current system is not good because merit is not being taken as a criterion, rather political and other reasons are being u......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......cule. On the other hand, he submitted that the appointment of the Chief Justice of any country should be based on merit. He pointed out that the position of Chief Justice is not simply to provide the service of a judicial officer, but also involves many other administrative functions for which exper..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....hen land is acquired for a cooperative housing society, it is therefore legitimate, may, necessary to consider the kind of area that is being acquired, the purpose of the housing scheme, the public good that will come out of it, the conditions under which the Society has been allotted the land, et......Petitioners. The learned Assistant Attorney General Mr. Md. Shamsul Hoque though present in Court was unable to effectively assist this Court for want of the requisite file and necessary materials on record in the Attorney-General's Office. 7. The learned Advocate for the petitioners Mr. AHM Ka...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......gment of the High Court Division and accordingly they are disposed of analogously. Respondent Nos. 1-4 instituted Writ Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorporating change of the ownership/possession of lands pursuant to the r......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......tation and the entire proceeding of the Money Execution Case is thus, liable to be declared to be without authority. 6. Mr. ASM Abdur Razzaque the learned Advocate for the Bank submits that as the record of Money Decree Execution Case No.7 of 1995 has been destroyed, the Bank is unable to ascerta...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......jab Ali of No.4 Bandar Union Parishad reported to the police station about the beheaded body floating at Dayur Tank. On the basis of the said information, Bandar PS GD Entry No.160, dated 6.11.87 was recorded. After the recording of the said GD Entry, P.W.11 SI Khondker Zahidul Islam went to Dayur T...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
....h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......ullah Sheikh. Defendant Nos.1 and 2 contested the suit by filing a joint written statement denying the material allegations made in the plaint. The trial Court on consideration of the evidence on record by judgment and order dated 21st June, 1993 dismissed the suit mainly on the reasonings tha......h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
..
Category: Property Law | Date: | Hits: 68
State Vs. Sabu and others, 2009, 38 CLC (AD)
.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445........ We have heard Mr. Forhad Ahmed, the learned Deputy Attorney General, perused the petition and the judgment and order passed by the Trial Court as well as the High Court Division and the evidence on record. 8. It appears that there is no direct evidence implicating the respondents but the crit...... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445...Category: Criminal Law | Date: | Hits: 71
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......at the confessional statement is exculpatory in nature, and as the respondent is not named in the FIR, he deserved to be enlarged on bail. The High Court Division on consideration of the materials on record exercised its discretion in favour of the accused-respondent on assigning proper reasons. I......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...Category: Criminal Law | Date: | Hits: 98
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....patra (Exhibit-1) stands. It must be said that submission advanced by the learned Advocate for the petitioner that the view taken by the Courts below is not based on any principle of precedents has a good deal of force. 22. In view of my discussions made in the foregoing paragraphs by now it is c......e trial the plaintiff side examined two witnesses and exhibited some documents to prove her case while defendant side examined none. 5. The trial Court below on consideration of the materials on record by his judgment dated 3-6-2007 dismissed the suit on the findings that there was no valid con......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
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