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Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... predominant factor for promotion, according to Service Regulation of 1997. The respondent has further stated that it is not true that the Board of Directors of the BSC has not delegated relevant power of appointment "to the Managing Director (respondent No.2) for appointment and ......ul Islam, the learned Counsel for the appellants and Mr. Khandker Mahbubuddin Ahmed, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the writ petitioner joined the service of the BSC as Prob...... Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... Ed. ......er section 143A of the State Acquisition and Tenancy Act and the order passed in Miscellaneous Case No. 9 of 1972 and the rent receipts showing payment of the rents to the Government are not documents of title, The defendant Nos.1 to 6 then preferred Other Appeal No. 33 of 1983 and the lea..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ...... were handed over to the authority of the vagrant home and those who were not declared to be vagrants were released. It was further asserted that some of the press reports published in various news papers did not reflect the correct position and as such the said press clippings annexed with the w......ourt Appellate Division (Civil) Present: Syed J.R.Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Ba......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......r 21,1992. 4. The suit was contested by the defendants denying the material averments made in the plaint and further stating, inter alia, that plaintiff used to distribute objectionable papers among the Cadets and the said activities of the plaintiff having had came to the notice of t...... Ed. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....state, Sitakundu, Chittagong. In the impugned order it was stated that the same was issued in the light of an order passed in Civil Revision No. 1207 of 1999. The Civil revision was pending at the relevant time. 3. Respondent Nos.2 and 3 filed Other Suit No. 280 of 1987 in the Court of As...... Khondkar Mahbubuddin Ahmed, the learned Counsel for the appellant and Abdus Sobhan, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 11. From the photocopy of the daily cause list dated 05.11.2000 it appears that the ......Huq, Advocate-on–Record-For the Respondents. Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No.2999 of 1999) ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
....used respondent and other co accused were very furious and started to threaten them again. Therefore the informant petitioner filed an application for cancellation of his bail stating all the relevant facts and grounds before the learned Chief Metropolitan Magistrate, Dhaka on 18.10.2001. U...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......vocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed by the High Court Division, in Criminal Miscellaneous Case No. ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Mahabubul Goni .......... ............Petitioner vs The State represented by the Deputy Commissioner, Dhaka and another .............Respondent Judgment February 2, 2005. Lawyers Involv......ns let us examine section 397 to the Act which, runs as follows:- "397. Penalty for false statement. - whoever in any return, report certificate, balance sheet or other documents, required by or for the purposes of any of the provisions of this Act, wilfully makes a ..Category: Criminal Law | Date: | Hits: 29
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....ather PW 11 Bhabesh Shikder, a next-door neighbour, by his evidence in cross-examination proved that the petitioner was not seen in the occurrence house from before the date of occurrence. The relevant portion of his evidence in cross-examination reads as under: &Ogr......te; [The translation of this line is: have never seen Mokter in the house of Monwar on and before the date of occurance] 7. We have heard the learned Advocate and perused the connected papers including the impugned judgment. We find from the evidence and materials on record that the ......llip;…….Respondent Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 106 The onus of proof that it was the condemned prisoner and none else who killed his wife and daughter was all along with the prosecution. The onus never s......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......az Muhammad, the learned Advocate for the appellant and Mr. Md. Khurshid Alam Khan, the learned Advocate for respondents and perused the judgment of the High Court Division and other connected papers. 5. The learned Advocate for the appellants submits that the amendment in question ......Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......t, title and interest in the suit land. 6. We have heard Mr. AJ Mohammad Ali, the learned Counsel for the appellants and perused the judgment of the High Court Division and other connected papers. 7. It is undisputed that the suit land measuring 42 decimals belonged to Mukt...... Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Parti......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ....... Enayet Hussain Khan, the learned Counsel for the petitioner and Mr. Shamim Khaled, the learned Counsel for respondent No. 2 and perused the judgment of the High Court Division and other connected papers. 5. It is on record that the suit was fixed for peremptory hearing on different dat......51 of the Code of Civil Procedure where an alternative remedy exists ……….(6) Case Referred to- Shahidur Rahman Majumder (Md) Shahidullah Majumder vs. Sahirunnessa and others, 1 BLC (AD) 43. Lawyers Involved: Enayet Hussain Khan, Advocate, instr......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....stitutional requirement then it was incumbent upon the Government to produce the papers in this connection before the two Tribunals below. Even in this Court the appellant has not produced the relevant file to show that the respondent's case was never put up before the President for his orde...... order of dismissal was not passed by the President, but the president's name was invoked to fulfill a constitutional requirement then it was incumbent upon the Government to produce the papers in this connection before the two Tribunals below. Even in this Court the appellant has not ......K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-Fo......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....d the lessee would be entitled to get compensation. The other matters in the said Clause 21 of the agreement are not necessary for our present purpose. Clause 24 of the lease agreement is also not relevant to the subject matter of the appeal. 20. As seen from the schedule of the Ten......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. Lawyers I......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......ory order of Artha Rin Adalat. 5. We have heard Mr. Rafique-ul-Huq, the learned Counsel for the appellant and perused the judgment of the High Court Division and other connected papers. None appears for the respondent. 6. Mr. Rafique-ul-Huq submits that the High......im J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
.... Sadar, Bagerhat against the accused petitioner alleging, inter alia, that the complainant has a business transaction with the other business man; that on 8-9-1992 the accused petitioner by executing relevant papers received Tk.93,380/- as advance for supplying fish to the complainant; that the accu......agerhat against the accused petitioner alleging, inter alia, that the complainant has a business transaction with the other business man; that on 8-9-1992 the accused petitioner by executing relevant papers received Tk.93,380/- as advance for supplying fish to the complainant; that the accused did n......e Court Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Golam Sarwar Hiru....................Petitioner Vs. The State and other...........Respondents Judgment July 10, 2002. Result: The petition is dismisse......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....swer the charge under section 302 read with section 34 of the Penal Code to which they pleaded innocence and claimed to be tried. 10. Prosecution in all examined 13 witnesses. Of them P.W.5 at the relevant time was the Officer-in-Charge of Malendaha Police Station and recorded the FIR on the oral......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......llate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J The State..................................Appellant Vs. Abdul Kader alias Kada and others...........Respondents Judgment 22 August, 2007 Cases Referred To- Abdul Manna......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......Mr. T. H. Khan the learned Counsel for the Respondent No. 8 in C.P. No. 74 6 of 2007 and respondent No.1 in C. P. No. 747 of 2007 and perused the judgment of the High Court Division and other papers on record. 13.The learned Counsel for the petitioner had submitted that the Hig......han...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 of 2007) Nawab Katara, (Nimtoli) Dhaka and other………Respondents (In C.P. No.745 of 2007). M. Rafiul Karim & ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:...... A.J. Mohammad Ali, the learned Counsel for the petitioner and Mr. Abdul Wadud Bhuiyan, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the opposite party No.1, the present petitioner took loan of ...... Kazi Jane Alam & others .................Respondents Judgment May 8, 2007. Result: The leave petition is dismissed. Case Referred To- Nur Mohammad vs. Badruddoza Chowdhury and another, 42 DLR (AD) 116. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructe......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......p; thumb impression and other thumb impression given by her were examined by C.I.D. expert who submitted report to the effect that those thumb impression in deed and other thumb impression given on papers forwarded by Court are same, so the question of execution of sale deed was rightly presumed......sed. Ed. ......n order to ensure status quo ante. 9. The High Court Division held that sale deed No.965 and 966 dated 30.10.1970 were forged and created since the plaintiff did not execute and register the documents. The documents are, therefore, void-ab-inito. The deeds have never affected the rights of..Category: Property Law | Date: | Hits: 28
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion 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. ......ohir were to run concurrently. 5. We have heard Mr. Abdur Rouf, the learned Deputy Attorney General for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division on consideration of the materials on record held that the......a Khatun, Advocate-on-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 59 of 2005. (From the judgment and order dated 28.06.2004 passed by the High Court Division in Death Reference No.26 of 2001.) ......sion 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: Criminal Law | Date: | Hits: 36
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