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Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......ice at Kalapara Upazilla under Patuakhali District. The respondent submitted written statement denying all the charges brought against him. An enquiry officer was appointed on 24-4-1990 who after holding enquiry submitted report finding the respondent guilty. The authority then issued second sh..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......d goods. He also submits that as neither the ship owner denied the truth of the list and the Captain did not state that the cargoes were shipped for another port, the learned Judges were in error holding that the customs authority wrongly held that the seized goods were prohibited and not fo..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....Khasru Mia was that the petitioner paid salami vide DCR dated 17-11-1975 and got delivery of possession on 18-11-1975. The land was mutated in his name in RoR khatian No. 454. The petitioner procured agricultural equipment including tractor for mechanised cultivation of the land. The petitioner br......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......nd lawful. The High Court Division rejected the claim of the petitioner that the consignment imported by the petitioner was Dunpeas (whole). 3. This Division dismissed the civil petition upholding the judgment and order of the High Court Division holding that the petitioner did not at al..Category: Business or Commercial Law | Date: | Hits: 88
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......before the learned District Judge and that being not done, there was no scope for converting the revisional application into a first miscellaneous appeal. The High Court Division was quite correct in holding that the revisional application was not maintainable as because the order impugned in the re..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......dence. If aforesaid evidence are pieced together in the facts and circumstances of the case, there would be no exception from the conclusion that attempt was first made to suffocate Mammy, holding her firmly and powerfully from above her body (see injury No. 2, No. 3 and No. 4), which sh..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......and order of the High Court Division he has submitted that the High Court Division committed an error in decreeing the suits only taking into consideration the long possession of the plaintiff and holding that the plaintiff acquired title by adverse possession. He has pointed out that the plaint..Category: Property Law | Date: | Hits: 51
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......ty to cross-examine the witnesses in violation of the provisions of rule 10(1)(2)(3) and (4) of the Government Servant (Discipline and Appeal) Rules 1985, completed the inquiry and submitted report holding the respondent guilty of the charge, then second show cause notice was issued without supp..Category: Administrative Law | Date: | Hits: 113
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......stablishment of a cinema hall in the suit plot; that thereafter the Deputy Commissioner, respondent No. 15, sent the matter for enquiry and report to the Upazila Nirbahi Officer, Bajitpur who after holding enquiry submitted report and then the Deputy Commissioner, Kishoreganj being satisfied iss..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......dent but his approval was not obtained before discharging her from service. 3. The learned Member of the Administrative Tribunal by his judgment and order dated 27-5-1999 allowed the case holding that the discharge of the appellant from service by respondent No. 2, a Deputy Secretary of..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......eed No. 3577, where Nagendra and Narayan are the purported executants. Fingerprint Expert's opinion about only Narayan's questioned LTIs. along with oral evidence of denial by him is the basis for holding the document to be forged. Of these three Sale‑Deeds, the Sale‑deed No. 3576 co..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......r rendering assistance to the Police of the Thana by giving information about the crime condition of the village. For paying choukidars' salaries the Village panchayet was given power to levy tax on 'holdings' in the village and for construction of roads and bridges, maintenance of communication and..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......at the evidence adduced in the case was utterly inadequate. 4. Mr. Fazlul Karim, learned Advocate for the petitioner, has submitted that the respondents have been wrongly acquitted upon erroneously holding that the evidence was not adequate. He also submitted that if further evidence was needed ..Category: Criminal Law | Date: | Hits: 61
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......r Article 52 of the Dhaka University Order, 1973 (PO No. 11 of 1973) is not efficacious, speedy and effective, that the writ petitions are maintainable and then decided the matter on merit as well as holding that the principle of natural justice was violated in this case. The learned judges, therefo..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......dge and the impugned award. The awardee has preferred this appeal by leave therefrom. 2. Leave was granted to consider the appellant's submission as to whether the High Court Division erred in holding that the Arbitrator misconducted himself in considering the proceedings of the 87th meeting ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......d to the question as to whether the case is a fit one for appeal to this Division. Beginning with the case of Kazi Muklesur Rahman vs. Bangladesh, 26 DLR (SC) 44 this Division has been persistently holding that there must be an indication in the certificate as to the nature of the substantial que..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......decisions but we find that the learned Judges failed to appreciate the facts and circumstances of this case and correctly apply the principle laid down in section 34 therein. They clearly erred in holding that section 34 was not applicable in this case. 11. Mr. SS Halder learned Counsel f..Category: Criminal Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......ument of transfer and on that view disallowed the application for preemption. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was correct in holding on its face value that the Muktipatra is only a deed of release and not a document of sale ..Category: Property Law | Date: | Hits: 106
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......is appeal by leave is whether the learned Judge of the High Court Division acted legally and properly in adding respondent No. 1 as opposite party No. 3 in Civil Revision No. 2049 of 1990 upon merely holding that such addition will not prejudice either of the party in this case. 2. Facts of the c..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......dge of the High Court Division heard the revision cases together and made the Rules absolute, Leave was granted to consider whether the learned' Single Judge of the High Court Division was correct in holding that Order 22 rule 10 of the Code of Civil Procedure was not attracted in the facts of the c..Category: Limitation Law | Date: | Hits: 175
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