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Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....gality for interference. 13. Mr. Khan has next submitted that it is a settled law that notwithstanding the ouster clause of jurisdiction on the High Court Division by any legislative provision, the High Court Division is yet entitled to exercise its power of judicial re......ip to do PhD at the University of Bradford, UK and also to induct the respondent in regular Government service. However, presumably due to steep opposition from a particular quarter, the aforesaid decision of the Government of awarding the respondent a scholarship to enable him to do his PhD and..Category: Employment/Service Law | Date: | Hits: 69
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......20, 1975 and the kabuliyat dated December 17, 1927. The appellate Court upon taking the said two documents into consideration observed that the trial Court while decreeing the suit did not make any decision in any respect as regard the documents namely, kabuliyat and the Heba deed. It is pe..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ent for passing and making it a law as an Act of Parliament, which has since been done in accordance with the provisions of the Constitution. It has been further asserted that the amending power is a legislative process for enacting amendments for the betterment of the Constitution and Parliament ha......ar circumstances are differently treated and that the principle underlying that different treatment has rational relation to the object sought to be achieved by the law." 34. Reviewing the decisions on the subject in the case of Sheikh Abdus Sattar vs Returning Officer and others reported..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... veracity of their evidence. Moreover, the confessional statement (Exhibit 4) lends support to their evidence. In such view of the matter, the High Court Division, according to us, came to correct decision to find them also guilty of the offence. The order of conviction so far as the aforesaid t..Category: Criminal Law | Date: | Hits: 36
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......preciation of the issues involved in the writ petition. Annexure 17, resolution of Board meeting of the corporation held on 22-4-89 shows that in its 80th Board meeting the Corporation took certain decisions namely, (1) the corporation will appoint Chief Executive of the Company and they will be ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......ll prepare the voter list for the purpose of holding the ensuing parliamentary election. In the instant case the Election Commission (the Commission) in its meeting held on August 6, 2005 took the decision to prepare the voter list as the Commission felt necessity of preparing the voter list &qu..Category: Election Law | Date: | Hits: 159
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ge and not on a complaint made by the public servant concerned affected by the alleged offences and, as such, the proceeding is not maintainable, but the High Court Division committed error in the decision in not taking into consideration of the aforesaid payment illegality in the proceedings. ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......onalisation of industries, management of the business and affairs of the Company was entrusted with the Bangladesh Chemical Industries Corporation, the defendant No.3. The Government took a policy decision for disinvestment of some of the nationalised industrial concerns and abandoned properties..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....on although nowhere in the Constitution such provision transfer of Judges of the High Court Division could be found; (e) Nothing has been said about the pending proceedings although constant legislative practice is to make such constitutional provision whenever such circumstances requir...... benches. The concept of “Alaka hote udvoddo Bishoe” as mentioned in the Rule framed by the Chief Justice is akin to the concept of cause of action in the Civil Procedure Code. He referred to two decisions in this connection 17 D.L.R. (SC) 384 and A.I.R. 1977 Allahabad 488 Full Bench. 28. The..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......counts of the sale proceeds of paddy do not constitute any offence under section 406 of the Penal Code, it is further contended that the learned Judges of the High Court Division misinterpreted the decision in Nasiruddin Mahmud and others Vs. Mamtazuddin and another 36 DLR(AD) 14 and wrongly held ..Category: Criminal Law | Date: | Hits: 44
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......at the view taken by the Additional District Judge and upheld by the High Court Division is correct. 6. Dr. Kamal Hossain, learned counsel for the appellant, finding it difficult to get over the decision submitted, perhaps as a last resort, relying on the case of A. Mannan Vs. Kulada Ranjan 31 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... 18(5) is applicable to this case still the appellant is a defaulter, for she paid three months' rent in lump at a time by the Postal Money Order dated 5 March 1984. He has sought reliance from the decision of this Court in a number of cases of this point particularly in the case of Prafullah Kuma..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131...... does not permit this. Such adverse remarks cannot be taken into consideration in deciding promotion. If out of two or more grounds one is later found to be non-existent, irrelevant or bad then the decision becomes unsustainable on the principle that it is not known to what extent the bad ground i..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ...... consider the effect of the order of injunction on the date of the alleged offence which he failed to do; and secondly, when the decree for permanent injunction was passed it should be taken as a decision as to possession on the date of the institution of the suit. If the appellant, was in pos..Category: Criminal Law | Date: | Hits: 59
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124...... whereupon Vested Property Case No. 24 of 1978-79 was initiated by defendant No. 1 and treating the property as vested property leased out the same to defendant No. 2. The plaintiff challenged this decision by filing the suit. 4. The trial Court dismissed the suit on the finding that the plaint..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....r. Bhuiyan relied on the Bombay case while Mr. Serajul Huq placed reliance on Allahabad case. In Bombay case the Full Bench noticed "we may also reiterate here the Act is not a very bright example of legislative draftsmanship" and in consequence "these expressions have given rise to considerable......ion only upon the wordings of section 4(3) but in the background of entire law that has involved over the years Mr. Huq argued the schemes of the two enactments are to be kept in view for coming to a decision as to meaning of ex-officio representative members of the Parishad. 13. Mr. M. Nurullah,..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......his appeal following leave is from judgment and order dated 4th June 1982 passed by a Single Judge of the High Court Division, Dhaka in Civil Revision No. 869 of 1979 setting aside the concurrent decision of the courts below and dismissing the suit being Title Suit No. 272 of 1975 of the Second ..Category: Property Law | Date: | Hits: 33
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......at the court in its discretion may grant or refuse bail and also may stay realisation of the fine. But he contends that attaching any condition to bail is not permitted by law. He has referred to a decision of the Pakistan Supreme Court in an unreported case, Criminal Appeal No. 9-D of 1969, in wh..Category: Criminal Law | Date: | Hits: 53
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......wever, contended that a judgment, whether inter parts or not, may be conclusive evidence against all persons of its own existence, date and legal effect, as distinguished from the accuracy of the decision rendered. In support of this contention he has referred to a number of decisions including ..Category: Procedural Law | Date: | Hits: 146
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