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Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......rother, Abdul Khaleque, lodged the FIR on 31-10-1990 under section 302 of the Penal Code implicating some accused persons and suspected 14 accused persons as assailant of his brother. Police after investigation submitted final report. Against which a naraji petition was submitted. The learned Ma..Category: Criminal Law | Date: | Hits: 50
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......r the petitioner and perused the judgment of the High Court Division and other connected papers on record. 4. It appears that the Board of Secondary and Higher Education Jessore has conducted an investigation into the affairs of the school, on an application filed by the respondent No. 8 and th..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....l appearing for the petitioner submitted that the High Court Division failed to consider that though the FIR contained the name of accused petitioner but did not contain any overt act on his part and the learned Magistrate, on considering the above and also the other materials on record i......ccurrence the accuseds attacked him with intent to kill him; on the basis of above FIR, Nazirpur PS Case No. 12 dated 9-5-1998 was registered under sections 147/347/379 of the Penal Code and after investigation the police on 8-9-1999 submitted charge sheet under sections 143/447/379 of the Penal..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....posts but has only provided certain provision for transfer of First and Second Class Officer (Non-Cadre) in their respective category of posts inter se eligible for transfer belonging to Customs Department following the provision of Article 133 and, as such, the same is not ultra vires of Artic......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....t the respondent No.1 has been targeted by a powerful interested quarter within the present Government to destroy her political career as well as Bangladesh Awami League, one of the largest political parties of Bangladesh of which she is the President, out of a political design and vengeance. ......IR no case has been disclosed or made out against the respondent No. 1 under sections 385/109 of the Penal Code. Ex-fade no case is maintainable against her. 9. It was further stated that after investigation police submitted charge sheet, being charge sheet No. 271 dated 23-7-2007 under sectio..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....e of such document; (c) then call for the opinion of the Chief Justice so far as it relates to the writ petitioners…………………(37) When a party to a proceeding claims that certain documents are privileged and immune from scrutiny by the ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....lf is not sufficient to deny to the Court the power and the jurisdiction to read and construe the pleadings in a reasonable manner. If, for instance, what is really a plaint in a cross suit is made part of a written statement either by being made an annexure to it or as part and parcel thereof, ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ents Judgment January 21, 2008. Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner’s bid for five out of fourteen items and the writ petition......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
.... and 27 of the Anti-Corruption Commission Act, 2004 and section 109 of the Penal Code alleging, inter alia, that the informant has been working as an enlisted contractor with the Roads and Highways Department under the Ministry of Communications since 1988 and received 5(five) work orders from the......hese gave rise to Dhanmondi Police Station Case No. 70 dated 21-3-2007 under section 5(2) of the Prevention of Corruption Act, 1947 read with section 161 and section 109 of the Penal Code. 8. The investigation officer after investigation submitted charge sheet against the accused-respondent No..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....tion that the said order of dissolution dated 13-1-1993 was illegal. During the pendency of the said Other Suit No.11 of 1993 an ad interim order of injunction was passed on 23-2-1993 directing the parties to maintain status quo. During the pendency of the said Other Suit No. 11 of 1993 the tria......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. ..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....League and on behalf of the Secretary, Ministry of Home Affairs respectively. 6. The High Court Division took hearing of the aforesaid Rule and during hearing the learned Advocates for the parties and other learned Advocates made their elaborate submissions both on law as well as on fact......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. ..Category: Criminal Law | Date: | Hits: 79
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
.... Division in Writ Petition No. 2597 of 2001 discharging the Rule. 2. The writ petitioner challenged the amendment of the schedule (published in the Gazette on January 23,1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the M......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. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... of its tariff value at US$ 1800/- per metric ton which is contrary prevailing the international market having no nexus thereto and inflated one. 3. The High Court Division upon hearing the parties discharged the rules. The appellants thereafter moved this Court against the said impugned ...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
..... 160 was finally published on 6.05.98 i.e. long after the transfer of the case land to O.R No.1 i.e. at the time of transfer of even at the time of entry in volume of the case land is in law a part of S.A. plot No. 40 of S.A. Khatian No. 13. In law it cannot be said that the case land was a......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....Commission and others, 1990 BLD 17 = 41 DLR 484. Lawyers Involved: Dr. M Zahir, Senior Advocate, instructed by Amir Hossain Chowdhury, Advocate-on-Record- For the Appellant. Ex parte-The Respondents. Civil Appeal No. 236 of 2002 (From the judgment and order dated...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 132
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants to file written statement within two months......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....mself as the Vice-Chairman of the Nalchity Girls High School filed the aforesaid suit stating, inter alia, that Nalchity Girls High School (the School) was established in 1966 for the purpose of imparting education to the girls of the locality, that the School imparts education to the girls from...... 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. ..Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On consideration of evidence, oral and documentary, and the attending circumstances......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 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
..... Considering the evidence adduced by the appellants not duly considered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1989.......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. ..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
.... bid of Technotrade International Limited, the company of which the respondent No.1 is the Managing Director, being ultimately found as the only technically and financially responsive bidder out of 6 participants and the bid of the company for Taka 18,30,00,000 also being the lowest, the Evaluation ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
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