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Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....dure, 1908 (V of 1908), Section 80. Mandatory period of three months required by section 80 CPC having not been allowed to 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 maintainabl......piration of two months next after notice in writing has been delivered to or left at the office of- (i) in the case of a suit against the Government other than a suit relating to the affairs of the Railway, a Secretary to the Government or the Collector of the District; and ..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....efcase and the bags but the customs officers on duty demanded one-fourth of the gold and as he did not agree he was taken to the room of the Customs Inspector who obtained from him a written false statement that he would be released and the articles seized would be returned on payment of duties ......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)
....y misusing their powers and in order to award the work of installing 3,00,000 telephone lines to World Tel Holding Ltd. appointed Consociates Limited as consultant of the said project. It was further stated in the first information report that on enquiry it was found that an international tender for......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)
....t Division dated 14-12-1997 passed by a Division Bench rejecting Death Reference No. 9 of 1995 arising out of Sessions Case No. 102 of 1994 of the Court of Sessions Judge, Khulna. 2. The facts as stated in the petition, in short, are that on 5-11-1993 PW 2, one SM Hafizur Rahman, informed PW 1 M......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
Government of BanglaÂdesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....ds were brought for smuggling the customs authority imposed penalty and confiscated the goods and the vessel. 4. The writ-petitioner also filed an affidavit-in-reply mostly reiterating the statements made in the writ-petition stating that before the Special Tribunal, no evidence was prod...... 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. ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
.... establishment of cluster village. The writ-petitioner-respondent in reply to the affidavit-in-opposition filed affidavit-in-reply, reiterating the assertions made in the writ-petitions. They further stated that the settlement was not dependent on the formation of any co-operative society and that t......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....bserved that there is evidence of demand of dowry and non payment of which resulted in torture upon the victim. So, the contention of absence of evidence as to demand of dowry is negated. A statement recorded by the police under section 161 Cr.P.C. can never be treated as substantive evi......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. ..Category: Criminal Law | Date: | Hits: 59
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....al justice and Article 135(2) of the Constitution have been violated and the last submission that the appellant in paragraph 4 of her petition in Administrative Tribunal Case No. 102 of 97 clearly stated that " Itimodhe dorkhasto karini bigoto 7-1-1995 ing tarikhe Shochib, Mohila o Shishu b...... 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)
....t when the witnesses including PWs 1, 2 and 7 gave their evidence. The Sale‑deeds are Nos. 3575, 3576 and 3577, all bearing the dates of execution and registration. PW 6, Fingerprint Expert, stated that he had received these very Sale-deeds along with other connected papers from the Court ......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. ..Category: Criminal Law | Date: | Hits: 68
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....pired confidence in people, who therefore got reasonable ground to say that such "democratic measures" are mere device to bluff the people of the country and leaders of the world. For, at the present state of civilization, autocrats and dictators, whether they are political leaders or military figur......cer (Development). After about six months, PO No. 7 of 1972 was again amended, this time by PO No. 110 of 1972. It provided for appointment of an Administrator in place of a committee for running the affairs of all the local bodies excepting the Divisional Council and the Union Panchayet. In the cas..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... defendants had illegally occupied the lands of the plaintiffs. After their death they were substituted by their heirs." The defendants entered appearance and filed written statements claiming, inter alia, that they are owners in rightful possession of the said lands, an......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....th of Tara. The learned Judges have cited the following facts in support of their finding in this regard: The order to kill Tara was described by the eye witnesses in different ways; such as, PW 8 states that the order of accused Bakkar to kill Tara was Aei shalare maria falo. According to PW 9 ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....late Court it appears, inter alia, that Momtaz Ali (Pre‑emptee) was minor in 1962, that Momtaz Ali and Swapan Kumar were persons of two different communities, that Swapan Kumar's father made statement under provisions of PO 96 of 1972 to the effect that the case land belonged to Swapan Kum...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....followed. Mr. Khalilur Rahman, learned Counsel for the respondents‑Corporation straight way denied that the Government Rules are applicable to the appellant's case; he has made a categorical statement that in fact, the "Government Rules" were never followed or applied by the BJMC......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....49 of the Penal Code. Five others were acquitted. By the impugned judgment and order the High Court Division dismissed the appeal of the appellant and Mansur Ali. 3. The prosecution case, as stated in the FIR by the informant, PW 1 Makbul Hossain, is that in the night of 18th October, 197......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....) Act, or the Industrial Relations Ordinance, is a special law vis‑a‑vis the Code of Civil Procedure which is a general law. The latter affects the community at large; all people of the state are governed by it. While the former relates to and affects particular persons or things; it......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....ty in her favour though they had knowledge about the contract with the appellants. The suit was filed on 2.9.59. 3. Defendant No. 1 (Kha), one of the substituted sons of Rajeshwar, in his written statement took up the plea that on 7.9.56 the plaintiff‑appellants and the said Rajeshwar entered ......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
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