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Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......ondent Mir Md Helaluddin, charge sheet was submitted under section 27 of the Anti-Corruption Commission Act, 2004 and section 109 of the Penal Code. Accordingly, charge was framed against the accused persons including the accused-respondent. After conclusion of trial the learned Special Judge, Spe..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......n 73 of the Evidence Act and give a decision in resolution of a dispute. But the Court may compare the disputed signature or handwriting with the proved or admittedly genuine signature of the person who purported to have signed or written. 11. The next question is, whether the lear..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....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. ...... In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A of the Code of Criminal Procedure against any person………….(44) Offence not to be created by Court The..Category: Criminal Law | Date: | Hits: 79
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......contention of the learned Counsel that lapse of time is no bar in challenging legality of certain law or the Rules. The said contented would be of worth consideration in a case where the person complaining was affected by the amendment in the law. But in the instant case there in ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 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. ......respect of any import or export which touches each and every citizen of the country who are the ultimate consumers and pay the assessed tax as tariff value and as such the writ petitioners have no personal grievance in the fixation of tariff value in respect of any imported goods and according&s..Category: Fiscal/Taxation Law | Date: | Hits: 107
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....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. ...... of nationality of the shareholders. In the meantime, Messrs Bella Artifitex Industries Ltd. and some other sister enterprises of the said company in which major shares were held by the same group of persons were released to the shareholders by the Government being satisfied as to the genuineness of..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... 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. ......e present plaintiff Abdul Bashed Lashkar, describing himself as the Vice-President, cannot figure as plaintiff since grievance upon making which suit has been filed is of the School and not of the person who figured as plaintiff, that High Court Division was in error in considering the frame of ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....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. ......(Special Provisions) Ordinance, 1979 and he was asked to show cause in reply to which he submitted a written statement in his defence denying the allegations and then he was asked to remain present personally on 29-2-2000 for personal hearing and thereafter second show cause notice was served upo..Category: Administrative Law | Date: | Hits: 117
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....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 ......ble of being bequeathed. Such rights were conferred on a non-agricultural tenant, for the first time, under section 7 of the Non-Agricultural Tenancy Act 1949; under this section certain classes of persons holding non-agricultural land by lease were given non-ejectable right. Ram Prosad Muchi, in ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......der V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and names of the persons witnessing the refusal under rule 84(e), the report cannot be accepted. And the courts below..Category: Procedural Law | Date: | Hits: 116
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......viduals in Bangladesh were at risk of arsenicosis but as it appears from the papers annexed in the writ petition, by 2004, that is in a further six years, the above figure had jumped to 30 million persons at risk. As is evident from Millennium Development Goals Progress Report 2005 prepared in c..Category: Environmental Law | Date: | Hits: 255
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ....... It is the contention of the learned Counsel that lapse of time is no bar in challenging legality of certain law or the Rules. The said contention would be worth consideration in a case where the person complaining was affected by the amendment in the law. But in the instant case there is no su..Category: Employment/Service Law | Date: | Hits: 76
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....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. ......ection 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 confiscation and every person concerned in any such offence shall be liable to a penalty not exceeding one thousand rupee..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......ions of the learned counsel Section 75A of the Act provides that on and from the date of publication of a notification under sub-section (3) of section 17 or under sub-section (1) of section 31, no person shall sublet any land in his khas possession in the area to which such notification relates ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ...... before the Upazila Nirbahi Officer as well as Magistrate First Class, on 2 May 1984 and the latter recorded Nuru's statement under section 164 CrPC This witness gave out that through him the accused persons had called Zafar to the bank that night and in his presence killed Zafar and left his dead b..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....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. ......ied to dislodge genuineness of Exhibit 1 and 2 by putting into evidence Exhibit Uma, the information slip, relating to the suit register of the rent suit but the same was not proved by calling the person who issued the same and, on the top of "everything, there was no official seal under th..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......f No.1, the plaintiff No.1 got the land in suit and thereupon mutated his name and paying rent and is possessing the land in assertion of title, that two rooms of the building were occupied by police personnel as monthly tenant of Harihar Das, that the said police personnel admitted ownership of A..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......f 1993 seeking rescission of the decree. 33. The provision of section 35 of the Specific Relief Act, 1877 reads as follows: "35. When Rescission may be adjudged.— Any person interested in a contract in writing may sue to have it rescinded, and such rescission ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n 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. ......nterest of the landlord, the land in suit is being used by the public in general (Muslims and Hindus) for the purposes as mentioned hereinbefore, that Bipin Chandra in collusion with the settlement personnel got the RS record prepared in his name although there was no basis for the preparation of..Category: Property Law | Date: | Hits: 35