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Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......of one Majid Matbar. 4. P.W.1 lodged the First Information Report with the Madaripur Police Station. P. W.11 Mr. Matiur Rahman, Sub-Inspector of Police came to the place of occurrence and after holding inquest sent the dead body to Madaripur for post mortem examination. P.W.11 after holding in..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......ub-sections of section 96, that is, sub-section (1), (2) and (5) are quoted below:- “96(1). If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89 or, if no notice ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ...... Code was not available in respect of the offence, and, that being so the investigation concerned was without jurisdiction. On this view, the High Court quashed the police investigation of the case holding it to be without Jurisdiction. In taking the view on the fact of the case the learned Judges..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......his appeal arises from that order. 5. Mr. Sultan Hossain Khan, the learned Deputy Attorney-General appearing for the appellants submits that the learned Judges of the High Court were wrong in not holding, in the facts and circumstances of the case that there was an implied condition attached to ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....d authority. 48. Now the question to be considered is whether the principle as laid down in the said decisions is applicable to an order made under a law of preventive detention. It can hardly be disputed that there is nothing in this principle as laid down in those decisions which keeps such an......ea of all the police stations under Serajganj Sub-division except Shahazadpur where due to militant activities of one Fakrul Islam you failed to stand there and carry on party (J.S.D.) activities and holding party meetings. So, you along with some J.S.D. workers of the area reportedly killed said Fa..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......the minor children admitted to the benefit of partnership under the Partnership Act after death of their father from the personal assessment of their mother who also became a partner of the same firm holding the view that the amendment brought in section 16(3) of the Income Tax Act in 1965 has no re..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......delay. In support of his contention Mr. Bhuiyan submitted that in the absence of any provision under the Town Improvement Act relating to limitation for filing the appeal, the High Court was wrong in holding that the appeal was time barred, by applying the provisions of the East Bengal (Emergency) R..Category: Procedural Law | Date: | Hits: 101
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ...... Nos. 2-23 as other opposite parties for preemption of the case land under section 96 of the State Acquisition and Tenancy Act stating, inter alia, that the pre-emptor is co-sharer in the case holding by purchase and the opposite party No.2 transferred the case land in favour of opposite par..Category: Property Law | Date: | Hits: 35
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......Division Bench of the High Court Division in Writ Petition No. 5732 of 2004 summarily rejecting the petition challenging the impugned notification dated 7.10.2004 passed by the respondent No. 2 for holding by-election with the previous candidates except the petitioner. 2. On the basis of ..Category: Election Law | Date: | Hits: 116
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....l for the petitioners and Mr. Farooq Ahmed, the learned Counsel for the respondent and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 6. It is not disputed that the respondent was first appointed on 31.12.1976 as the District Population Officer u......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ..Category: Administrative Law | Date: | Hits: 111
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....ned Counsel for the petitioner and Mr. S.M. Zillul Huq, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the plaintiff was appointed as Managing Director of the Defendant Company for a perio......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ...... same was also rejected as it is evident from letter dated 21.12.1991; the Administrative Appellate Tribunal illegally held that the learned Member of the Administrative Tribunal was right in holding that it had no jurisdiction to scrutinize the order of dismissal of the petitioner as he wa..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....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. ...... 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 the defendant No.1, though contested the suit, did not pr..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....on erred in holding that the suit of the appellants was barred by principle of res-judicata in view of the ex parte decree in Title Suit No.860 of 1981, that in view of the facts that the disputed land is a reserved forest as per notification dated 15.12.1953 and 13.4.1955 and as such ......d was committed in obtaining the decree for setting aside, the ex parte decree, whereof the suit was filed. 12. Leave was granted to consider the contention that the High Court Division erred in holding that the suit of the appellants was barred by principle of res-judicata in view of..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....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. ......g a plea of limitation and principle of estoppel. 6. The Administrative Tribunal upon hearing the parties allowed the case of the appellant by its judgment and order dated 20-11-1997 holding that the appellant (applicant) filed the case within the prescribed period of 6 (six) month..Category: Administrative Law | Date: | Hits: 103
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....riticised on the ground that similar law has not been made for application to members of other classes. Exclusion of members of the other class, namely, the Parliament from this law, which is undisputedly a beneficial one, is certainly unethically and morally un-defendable; but it is not u......itions together and disposed of accordingly, discharging the Rules without any order as to costs and directing exclusion of time from 4th January, 2005 when the respondent No. 4 was restrained from holding the election till the receipt of the copy of the impugned judgment in computing the period o..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... 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. ......of limitation is a belated one and without any basis. 15. It appears from the judgments of the Courts below that the pre-emptee persistently raised claim that he being co-sharer in the case holding the preemptor was not entitled to maintain the preemption case but as already observed ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......ly upon misreading and misappreciation of evidence though plaintiff proved his case by the evidence of witnesses, that the High Court Division failed to exercise its revisional jurisdiction in not holding that the appellate Court misread and mis-appreciated the evidence of PW 2 and the evidence ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
.... he continued there till he was wrongly retired by the respondent No. 2, though the service 139 regulation of respondent No.1 is clearly applicable in the case of the petitioner. 7. It is undisputed that the petitioner joined the then Pakistan Army in 1969 and was commissioned as 2nd Lie......6. Leave was granted to consider the submissions of the learned Counsel appearing for the petitioner that the High Court Division misread and misconstrued the annexures filed by the respondents in holding that the petitioner is an employee of respondent No. 2 and not of respondent No. 1 and, as ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....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. ......nsideration of the existing voter list or, in other words, Election Commission upon additions, deletions and modifications of the existing voter list will prepare the voter list for the purpose of holding the ensuing parliamentary election. In the instant case the Election Commission (the Commis..Category: Election Law | Date: | Hits: 159
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