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Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ep in view the elementary principles of certiorari and the decision of this Division in such matters was under consideration and thus allowed itself to be totally misdirected causing miscarriage of justice. 6. We have heard Mr. AJ Mohammad Ali, learned Additional Attorney-General for the ......ernment for restoration of the property though, according to respondent No. 1 they were dispossessed on 12-6-1974 by one Monir Hossain illegally and the respondent No. 1 also could not produce any documentary evidence like voter list, passport, nationality certificate, non-option certificate of ..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....i.e. negligently, rashly or in any other mode as to render the action resulting in being nugatory. The Court of law could intervene/interfere in administrative actions where there has been failure of justice either in commission or in omission or in deliberate failure to perform a duty cast upon the......ing telecommunication facilities on demand, assuring satisfactory quality of service and ensuring value to the customers, a sound National Telecommunication Policy is essential”. "The policy document, upholding the commitment of Government to resolve the prevailing shortcomings, out..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......itted that the deed subject-matter of preemption being an out and out sale deed, the alleged deed for re-conveyance is a colourable transaction and that subsequent deed of transfer was a sham document without any consideration designed to defeat the right of the pre-emption of the pre-empto..Category: Property Law | Date: | Hits: 71
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....o the Appellant/added Defendant No. 4 to enable it to submit written statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case must be sent back on remand to the trial Court for giving reasonable opportunity ......ment but the added defendant-appellant preferred appeal before the District Judge and did not take advantage of the opportunity available to him for submitting the case of the appellant and produce documents in support of the claim at least as additional evidence under Order XLI, rule 27 of the C..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....stitution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings would secure the ends of justice. (c) Where there is a legal bar against institution or continuance of a criminal case ag......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....st information report by PW 1 who was not an eye-witness himself. The rejection of evidence of eye-witnesses to the occurrence on such flimsy and inconsequential grounds has caused a grave failure of justice and also a miscarriage of justice inasmuch as a gruesome murder witnessed by three eye-witne......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....tending Engineer, superseding him although they were junior to the petitioner according to the gradation list. The petitioner made representations, on 17-1-2001. 19-2-2002 and 24-5-2003 demanding justice, through his learned Advocate but without any response from the respondent Nos. 2-7. Being ......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. ..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: ......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: ..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. ......sed on them for smuggling. The Captain and the crew members replied to the show cause notice denying all the allegations stating that as per instructions of the owner they loaded cargoes with valid documents for different ports and sailed for Colombo via Chittagong. The Collector of Customs aft..Category: Business or Commercial Law | Date: | Hits: 96
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 88
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....l and that the order of status quo so passed cannot be said illegal since the Court is very much competent to pass the order impugned in case the Court feels that the order would advance the cause of justice. 5. The order directing the parties to maintain status quo as regard the subject-matter ......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ..Category: Civil Law | Date: | Hits: 92
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. ......o the condemned prisoner as dowry. On my examination of the entries in Exhibit 2 (khata) as regard payment of money to the appellant as dowry I am of the view the same cannot be relied upon as the documentary evidence as to payment of money to the condemned prisoner as dowry since on scrutiny&nb..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
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: ......he writ petition before the High Court Division which discharged the Rule upon finding, inter alia, that the appellant had filed only the photocopy of the lease deed of Abdul Hafiz and no other basic documents. The certified copy of the original deed was obtained on 22-8-78. He also did not file the..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
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. ......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. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....the Ministry of Women and Children Affairs, was illegal on account of the President being her appointing authority. It was further held that the impugned order was against the principle of natural justice and in violation of Article 135(1) of the Constitution. The respondent then filed appeal be...... 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
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... Left Thumb Impressions (LTI's) of the purported executants; he also obtained three other registered Sale‑deeds containing admitted and standard LTI's of these executants and forwarded these documents to the CID, Dhaka for examination and report by the Fingerprint and Handwriting Experts. ..Category: Criminal Law | Date: | Hits: 68