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Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....is the appellant, two month's time in view of non-issuance of any notice under section 80(1) of the Code of Civil Procedure by the plaintiff-respondent and, as such, there being gross violation of mandatory provision of section 80 of the Code, the trial Court as well as the Court of appeal below......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......n Engineering. He was appointed as a Sub-Assistant Engineer in 1967 in the erstwhile East Pakistan Agricultural Development Corporation ("the Corporation" in short) established under the provisions of the East Pakistan Agricultural Development Corporation Ordinance, 1961 (East Pakistan..Category: Employment/Service Law | Date: | Hits: 66
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: ...... Md. Idrish Miah...........................Respondents Judgment March 1, 2005. The Administrative Tribunal Act, 1981 (VII of 1981), section 6(3). In view of the provisions of section 6(3) of the Administrative Tribunal Act, 1981 (VII of 1981) it was within the..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. ......e goods in question were not the subject matter of the case under the Special Tribunal Acts wherein only the Captain and crew of the vessel in question carrying smuggled goods were implicated. The provisions of both these acts are distinct and different. One acts in personem and other acts in r..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....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: ...... We have heard and considered the submissions. On perusal of the impugned judgment, we find that learned Judges of the High Court Division having meticulously considered the case of the parities, the provisions of Co-operative Societies Ordinance, 1984 and also considered the decisions of the superi..Category: Property Law | Date: | Hits: 77
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. ...... be utilised, is as in section 162 of the Code of Criminal Procedure for contradicting the prosecution witnesses and the said can only be done after the said statement has been duly proved and the provisions of section 145 of the Evidence Act have been duly complied with. In a case where no stat..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......t’s Order No.16 of 1972. No notice being served under article 7 upon the appellant entitling him to challenge the order treating the property as abandoned. Because of non-compliance of the provisions of article 7 and non-compliance of the provisions of section 5 of Ordinance No. XIV of 19..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....ment Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of the mandatory provision of law. The Sub-rule (2) of Rule 7 provides that after receiving of the stateme......cer to conduct the prosecution and the Inquiry Officer himself played the role of prosecutor and he, without giving the respondent the opportunity 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 198..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... of any offence, while acting in the discharge of his official duty, no court shall take cognisance of such offence except with the previous sanction of the Government. 18. In this connection the provisions of the Police Officers (Special Provisions) Ordinance, 1976 (Ordinance No. LXXXIV of 1976..Category: Criminal Law | Date: | Hits: 78
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. ......) thereof the licensing authority acts under the control of the appropriate Government. Section 8 gives power to the appropriate Government to make rules for the purpose of carrying into effect the provisions of the Act. Such rules were first framed in 1921 and were amended from time to time but..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. ...... 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. ..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ver contends that Article 59 will come into play only when the State has established a local government in pursuance of Article 9 containing a fundamental principle the implementation of which is not mandatory as already shown. Secondly, he says, there is no constitutional mandate upon the State to ......intenance of public order, (c) the preparation and implementation of plans relating to public services and economic development." "60. For the purpose of giving full effect to the provisions of Article 59 Parliament shall, by law, confer powers on the local government bodies re..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ...... allowed its application by the impugned judgment and order as already referred to above. 6. Leave was granted to consider whether the High Court Division failed to appreciate correctly the provisions of section 24 of the Banking Companies Ordinance, 1962 (Ordinance LVII of 1962) and thos..Category: Business or Commercial Law | Date: | Hits: 124
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. ......aterial document upon which the learned Special Judge placed reliance for holding that there was no such case as alleged. The learned Judge of the High Court Division besides considering the legal provisions as to forwarding of a sale certificate by the court concerned to the Registry Office and..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. ......then, such discretion can hardly be interfered with. But in this case the High Court Division did not apply properly their mind to law and facts of the case and it misconceived the whole matter as to provisions of Article 52 wrongly holding the opinion that Chancellor's decision on the appeal is dep..Category: Constitutional Law | Date: | Hits: 169
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. ......e absolute property of the LESSOR free from all encumbrances." Reliance has also been placed upon clause 24 of the Lease Deed which is as follows: "That subject to provisions of clauses 22 and 23 of these presents all transfers of the demised property shall be..Category: Property Law | Date: | Hits: 110
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. ......ppears, inter alia, that Momtaz Ali (Pre‑emptee) was minor in 1962, that Momtaz Ali and Swapan Kumar were persons of two different communities, that Swapan Kumar's father made statement under provisions of PO 96 of 1972 to the effect that the case land belonged to Swapan Kumar and his famil..Category: Property Law | Date: | Hits: 106
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ...... transfer is hit by the principle of lis pendens. 7. Mr. Khandker Mahbubuddin Ahmed learned Counsel for the appellants has taken us through the unregistered deed of agreement Ext. A1. Its material provisions are as follows: “১ম পক্ষ যদি বাড়ী বিক্রয় ন..Category: Property Law | Date: | Hits: 82
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......onvicted for another offence, under certain circumstances and on fulfillment of certain requirements. Learned Counsel has contended that the facts and circumstances of this case are such that, the provisions of section 236 or section 237 Cr. P.C., are not attracted. In particular, he has contend..Category: Criminal Law | Date: | Hits: 59
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......he State has come in this appeal. 3. Mr. A Wadud Bhuiyan, learned Additional Attorney‑General, has appeared for the State. None has come to oppose him. He has taken us through relevant provisions of the Criminal Law Amendment Act including its latest amendments. He has also produced ..Category: Criminal Law | Date: | Hits: 118
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