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Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-parte—The Respondents Civil Appeal No.118 of 1999 (From the judgment and order......ng hearing, as it appears in the case of Vineet Narain vs Union of India AIR 1998 SC 889 at paragraph 9 it has been held that the continuing inertia, of the agencies to even commence a proper investigation could not be tolerated any longer. In view of the persistence of that situation it be..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....s as follows: "No oral evidence has been adduced by the petitioner that Sahera Khatun was present--and her whereabouts were known after liberation at least on and from 28-2-72." 8. In the other part of the judgment of the Court of Settlement it has been observed "In the absence of evidence to ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....ourt 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 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. ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....ossession only in 0.5660 acres of land but by the judgment and order dated 5-5-1999, decreed the suit for permanent injunction against the defendants for the entire suit land holding that both the parties should go for partition after establishment of their title and that the decree for permanen......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....as a contract for sale between them and Respondent No. 1 for a consideration of Tk. 7055/-, whereby the said Respondent agreed to execute a deed of permanent lease in respect of certain property in part of which the petitioners were put into possession. The suit was contested by the responde...... 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. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....n has been given to inherent absurdities or improbabilities of them, then the appellate Court's finding cannot claim sanctity. This Court, whose duty it is to see that complete justice is done to all parties, cannot but interfere in such situations………………(18) Cases Referred to- Ram......vidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be ..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....vocate instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Appellants. Md. Awlad Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex parte—Respondent No. 2 (State). Criminal Appeal No. 37 of 1986. (From the Judgment and Order......tin Chowdhury, Metropolitan Magistrate, Dhaka. 2. Earlier, respondent No.1 lodged an FIR against the accused-appellants alleging trespass, etc. giving rise to Motijheel PS Case No. 2 (4) 85. After investigation the police submitted charge-sheet against the accused-appellants under sections 147/ 4..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
....fter the petitioner moved the High Court in its writ jurisdiction against the order of suspension on or about 7.6.76, on which a rule was issued by a Bench of the High Court. After hearing the parties the Bench discharged the rule which was obtained by the petitioner. 3. It was conten...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....Taka 60,00,000 and an agreement was executed on June 17, 1987 and on that date principal defendants i.e. respondent Nos.1 and 2 herein, paid Taka 45,00,000 to the plaintiff and thereupon plaintiff parted with the possession of the land in suit in favour of the principal defendants, that subseque......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. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....lled the mutation earlier made in the name of the plaintiff in respect of the land in suit. 5. The trial Court dismissed the suit on the findings that the suit is not bad for defect of party, that the suit as framed is maintainable and not barred by waiver and estoppel, that the plai...... has challenged in the instant suit. 21. A feeble submission has been made from the side of the appellant that if the Court is of the view that to have the relief sought by the plaintiff an investigation to the title of the plaintiff is very much necessary, in that case the suit may be s..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....p; taking the land to be tte land of the old tenants or their transferees, in the land Acquisition Case No. 41/64-65 of the Dacca Collectorate, that compensation for the said lands had been paid in part and the acquiring authority was entitled to possession thereof on payment of the compensation......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....ble him to move the Government for transfer of the case under section 28 of the Local Government Ordinance, 1976. Both the petitions were dismissed by the Tribunal and the appellant did not further participate in the proceeding and the judgment was delivered by the Tribunal as mentioned above. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....r taxation under this Act, namely:— (5) Lands occupied or used exclusively for or in connection with public pounds, public hospitals, whether supported wholly or partly by grants from the consolidation Revenue Fund or not, and which are not a source of pr......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....mmissioner; that by submitting the aforesaid documents on 15-06-2002 in the office of Custom House tried to release the said goods and at that time, the informant came to know that the accused party had no Bond Licence and thereupon seized the said goods. Thereafter, Police started Mongla PS......er, Police started Mongla PS. Case No.18 dated 26-06-2002 under Sections 420/409/467/468/471/466 of the Penal Code. 3. Upon the said F.I.R, Police started investigation and during the investigation, the accused-respondent No.1, Anisuzzaman Chowdhury filed an application before the M..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....the accused-leave-petitioners in Druto Bichar Case 11 of 2005 now pending in the Court of Druto Bichar Tribunal, Rajshahi should not be set aside. 3. The High Court Division upon hearing the parties discharged the Rule by judgment and order dated 18th July, 2005 in the aforesaid Criminal......ted 09-08-2003 corresponding to G.R. Case No. 119 of 2003 under Section 120 B/302/34 of the Penal Code was started against the accused persons. Thereafter one Sub-Inspector of Police made a proper investigation of the case and thereafter found prima-faice case made out submitted charge-..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... (HCD) 97; AIR 1918 PC 102, 52 CWN 659, 39 CWW 934, 6 DLR 267, 17 DLR (West Pakistan) 26, 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant Ex-parte- Respondent Civil Appeal No.201 of 2001 (From the Judgment and Order dated July...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....ting officer prayed for release of those persons from the said case on 20-07-1998 and the learned Magistrate was pleased to accept the said prayer on that date. Thereafter, the Director General, Department of Narcotics Control wrote letter on 20-08-1998 to the Chief Metropolitan Magistrate, Dhak......672 of 1998 making the Rule absolute upon setting aside the order dated 25-08-1998 passed by the Chief Metropolitan Magistrate, Dhaka in Sabujbagh PS. Case No.69 (9) 1997 directing to make further investigation. 2. Facts, in brief, are that Mr. Md. Abdul Mannan, Inspector, Tejgaon Circle,..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....rred Criminal Appeal No.1361 of 2000 while the other two convicts i.e Syed Jahangir Alam and Md. Alamgir Hossain preferred Criminal Appeal No. 938 of 2000. The High Court Division after hearing the parties by the impugned judgment and order dismissed Criminal Appeal No. 938 of 2000 preferred b......med a First Information Report was registered on the basis of which Khulna GRPS Case No. 2 of 1997 was started under Section 304A of the Penal Code read with section 101 of the Railways Act and after investigation charge sheet was submitted against the two respondents and others including Syed Jah..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....aintiff since he and his brother Abdur Rahman have homestead in plot No.60 adjacent to plot No.61. The deed in question though has been camouflage as exchange deed between the defendant No.1 on one part and the defendant Nos.2 and 3 on the 2nd part, but is in fact an out and out sale deed. It has...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
.... of no effect. It is sometimes expressly stated in a statute that a by-law must not be repugnant to the statute or the general law; but, whether so stated or not, a by-law which in whole or in part is not confined to the particular circumstances contemplated by the statute or is repugna......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
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