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Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......nted. 12. Leave was granted to consider the submission of Khandaker Mahbubuddin Ahmed, learned Advocate for the appellant, first, that the impugned judgment is legally untenable in that the decision has been made in a disjointed manner and without proper and correct perception of the issu..Category: Election Law | Date: | Hits: 126
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... Judgment Kemaluddin Hossain J.- These two appeals are heard analogously as a common question of law is involved in them. The question involved in these appeals is covered by the decision given by this Court in C. A. No. 56 of 1977. 2. Facts material for the disposal of t..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......ermine the loss incurred by the appellants. In the result the appeal is allowed; the judgment and the decree of the High Court are set aside and the case is remanded to the trial court for decision in accordance with law in the light of the observations made above. Costs will abide..Category: Civil Law | Date: | Hits: 89
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......le. The contention of the learned Counsel on this point has no force. 5. It may, however, be pointed out, as has been correctly observed by the learned Judge of the High Court Division, that the decision on the question of title is only for the purpose of decision in the Small Cause Court suit ..Category: Tenancy Law | Date: | Hits: 163
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....tizen of his legitimate legal remedy under an existing law is distinct from its power or competence to do so. Both the learned Counsels tried to impress by stressing the need for the observance of legislative and Constitutional propriety. We do not hesitate to say that normally when there is no ......manner whatsoever shall abate forthwith and shall not be further proceeded with. 6. Certain judgment, etc., annulled.- (1) subject to the provision of sub-paragraph (2) all judgments, decision, decrees writs, injunctions or orders rendered, passed, issued or made before the commenc..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ...... a cheque and, therefore, cannot thus be absolved of the liability of the offence complained of under section 138 of the Negotiable Instruments Act. 18. In this connection we may refer to the decision in the case of Messrs Electronics Trade & Technology Development Corporation Ltd., Secu..Category: Criminal Law | Date: | Hits: 138
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. ......facts and circumstances of the case and in view 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. ..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......earned Magistrate cannot act on the basis of such extraneous document for discharging accused Under section 241A, Cr.P.C. In support of the above proposition the High Court Division referred to the decisions reported in 4 MLR 55, 5 BLT (AD) 67. The High Court Division also held that the certific..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....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. ......n. 19. In the case of Mujibur Rahman vs Bangladesh reported in 44 DLR (AD) 111 this Court held, inter alia, that: "The learned Additional Attorney-General who brought that decision to our notice on his own referred to Article 44(1) of the Constitution that guarantees th..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......repeatedly holding that the Court will not declare a law unconstitutional or void if the case in which the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....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. ......llip;………………(37) When a party to a proceeding claims that certain documents are privileged and immune from scrutiny by the Court, the Court must give decision on the point. Only if the Court decides in the negative, then it may call for the document..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......eza, the learned Advocate, appearing for the petitioner, argued that learned Judges of the High Court Division having failed to consider the materials which resulted in an error in the decision causing failure of justice. 6. Learned Advocate further argued that the learned Ju..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... 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. ......ich in India was inserted in Order VIII, CPC by amendment, will be applicable in our country, inasmuch as after quoting the provisions of above amended rule 6A, the Appellate Division in the above decision held that what is latent in but covered by the provisions of Order VIII, rule 6, CPC are m..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ...... The importer has to pay tax and duties on the basis of tariff value in force on the date of presentation of the bill of entry. The High Court Division was not justified to rely on an earlier decision of this Court which, on review, was subsequently reversed………..(7)&nbs..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....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. ......ms is debarred from raising any claim in relation to the remaining items. Therefore the High Court Division committed illegality in negotiating the price of the remaining items by substituting the decision of the Government for the same and directing the Government to allow the writ petitioner t..Category: Others | Date: | Hits: 88
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. ...... petition for leave to appeal. 6. Leave was granted to consider whether the learned Single Judge of the High Court Division acted illegally in exercise of its jurisdiction in coming to the decision that the defendant Nos. 13-15 had not voluntarily resigned as teachers but their resignati..Category: Civil Law | Date: | Hits: 110
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......y and that though sufficient explanation was given for the delay in lodging the First Information Report, the High Court Division did not consider the same and thus came to an erroneous decision and as such the appeal may be allowed. 4. Mr. Rokanuddin Mahmud, learned Senior Ad..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......suit and defendant No.10 is instrumental in the institution of the suit and finally held that defendant No. 10 has no right, title and possession of the land in suit. On the aforesaid findings and decisions the trial court dismissed the suit. The trial Court made the positive finding that plaint..Category: Property Law | Date: | Hits: 42
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....as utilised the wide scope for fixing tariff value without regard to the local and international market rate of the imported goods, purely for the purpose of augmenting its revenue without legislative sanction". 5. Dr. Kamal Hossain, the learned Counsel appearing for the ......d therefore it cannot be urged that the power under section 25 has been exercised arbitrarily or capriciously. 25. Justice Ajmal Miah, as the Chief Justice of Pakistan subsequently in a decision in the case of Collector of Customs, Kasmir Vs. M/s. the New Electronic Private Ltd. repor..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ...... mentioned about the incorporation of Exhibits 1-1(1) series yet non-incorporation of the same by the appellants in the paper book has become misleading, erroneous and incomplete affecting the decision seriously to the prejudice of the respondent. The learned Counsel further submitted that t..Category: Property Law | Date: | Hits: 34
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