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Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......id writ petition. 3. We have heard Mr. Abdur Razzaque Khan, the learned Additional Attorney General for the petitioner and perused the judgment of the High Court Division and other connected papers. 4. It appears that the suspension of the petitioner was made under the provisions of...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder.................ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....Third party-petitioners seek leave to appeal against the judgment and order dated 18.08.2002 passed by the High Court Division in Civil Revision No. 2429 of 1998 discharging the rule. 2. The relevant facts for disposal of this petition, in short, are that one Mossammat Ambia Khaton as the ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Hossain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Faruque Reza and another..............Petitioners. Vs. Most.Hossena Ara Begum and others................is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
....rity at the place of trial which is the permanent place of abode of the accused and thus fell into error in passing an order of transfer on consideration of certain subsequent and extraneous irrelevant fact unconnected with this case and uncalled for state of mind causing disruption to enti......d Additional Attorney General for the appellant and Mr. Md. Nawab Ali, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers. 7. It appears that the High Court Division allowed the Miscellaneous Case and ...... 2004. Judgment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 188...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
.... Court". 16. It has also been observed in the said case that the functions of a Revenue Officer in mutation proceedings are not judicial functions to make it a Court, a complaint in writing of a relevant Court is not necessary and there is no bar in initiating legal proceeding by lodging a comp......g mutation on the basis of an order passed in a proceeding under section 143A of the State Acquisition and Tenancy Act, 1950 does not act as a Court and, as such, if an application accompanying the papers, as in the instant case copy of the petition filed under section 143A of the State Acquisitio...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..Category: Criminal Law | Date: | Hits: 48
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......য় দায়িত্ব হতে আমি মফিজুর রহমানকে অব্যাহতি দেই নাই।” 14. In cross-examination he, however, said that he had no papers to show that he did not release and he denied the suggestion that on 21.4.85 he released Ma......er Chowdhury CJ Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mahmudun Nabi (Md)... .............…………………………………….....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment December 14, 1989. Resul......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....rovision of section 53(A) of the Transfer of Property Act mentioned herein." In this view of the matter the application was rejected by the High Court Division. 8. It is unfortunate the law relevant for the purpose of disposal of the reference was not correctly visualised either by the......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down value "shall be deemed to be profit of the previous year." The tax shall be payable......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....igh Court Division, Dhaka passed in Writ Petition No. 1632 of 1988, filed by respondent No.1, the Bangladesh House Building Finance Corporation. 2. The appellant, a Supervisor, was posted at the relevant time at the Head Office of the Corporation in Dhaka and he was the organizing secretary o......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......MH Rahman J ATM Afzal J Abdul Mannan Talukder……………………………………………………….............Appellant Vs. Bangladesh House Building Finance Corporation and another..............Respondents Judgment December 12, 1989. Result: The appeal is......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......pondent annexed to his Writ petition an order (Annexure 'D') of the Election Commission dated 19.3.88 from which it appears that some other persons who were similarly prevented from filing nomination papers for the Office of Chairman of other Union Parishads in the same Upazila filed applications be...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abdul Jabbar Dakua.......................……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 29, 1989. Result: Th......rs from the Election Commission following inquiries which were caused to be held. We do not think that the respondent could rightfully claim any benefit on the basis of general findings made in the documents (Annexure 'D' and 'E') after all these months, particularly when he made no move after the..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....tion. They then submitted a representation on 12.3.82 to the then President of Bangladesh. Subsequently they made a representation on 4.6.82 to the Chief Martial Law Administrator and submitted all relevant papers. They received a communication in January, 1983 from the Secretarial of the Chief Ma......y then submitted a representation on 12.3.82 to the then President of Bangladesh. Subsequently they made a representation on 4.6.82 to the Chief Martial Law Administrator and submitted all relevant papers. They received a communication in January, 1983 from the Secretarial of the Chief Martial Law...... J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......egations as to the manner of poll in the two disputed centres. The High Court Division ought not to have interfered in this mailer invoking highly disputed questions of facts. On consideration of the papers placed before it the Election Commission appears to have acted within its jurisdiction under ......sent: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is allow......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..Category: Election Law | Date: | Hits: 111
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ruction of words in the earlier Act those provisions can only be used for that purpose if certain conditions apply to the earlier Act when it is considered by itself." For the later statute to become relevant, there must be something "obscure or ambiguous, or readily capable of more than one inter......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mohammad Julfikar………………......................Appellant Vs. Abul Kalam Chowdhury and others.....................Respondents (In Civil Appeal No. 40 of 1989) Abdul Mannaf...............ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....nts dated 4.1.54 and 5.1.54 by which .2125 ajut land out of C.S. Plot No. 17 was obtained by defendant 1 and defendant 2, the latter being the younger brother of the former and allegedly minor at the relevant time. This contention has been negatived concurrently by the trial Court and the High Cou......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......also reported in: 42 DLR (AD) (1990) 55. ......00/- and delivered possession thereof. 11. The defendant-appellants' main contention was that the defendant No.2 had no title and interest in S.A. Plot No. 1162 as he was only a name-lender in the documents dated 4.1.54 and 5.1.54 by which .2125 ajut land out of C.S. Plot No. 17 was obtained by d..Category: Property Law | Date: | Hits: 32
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....6) or that he drove out Anwar Islam from the house of Abdus Salam. Except the suggestions to P.Ws which have been uniformly denied, there is no credible material on record to suggest even that at the relevant time there was a possibility that the killers could have been from the second house of the ......with the accused arc found well established. The criminal cases against him and the Informant have been admitted; only the Civil Court decree of Nurjahan had not been admitted. The accused have filed papers about the decree as part of their statement under s.342 Cr.P.C. 20. As to the first info......ported in: 42 DLR (AD) (1990) 31 ......elf. Lastly, learned Counsel contended that the High Court Division erred in appreciating the object and use of a statement of the accused under s. 342 Cr.P.C. and excluded from consideration the documents, which the accused appellants submitted as a part of their statement although all the fa..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....w when a person is "deemed to be" something, the only meaning possible is that whereas he is not in reality that something the Act of Parliament requires him to be treated as if he were." (34 CWN 230 relevant page 235). This is not the case of the defendants that they had transferred their entire......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement June 11, 1989. Re......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
.... illustration to section 378 which defines 'theft' and the first illustration to section 403 (dishonest misappropriation) of the Code as it will facilitate the understanding of the application of the relevant section to the facts of the case. Section 378............illustration. (p) A, in go......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......3 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......irman of the said Union Parishad. 2. The admitted facts of the case as can be gathered from the materials on record are that the appellant, respondent No. 1 and respondent Nos. 8 and 9 submitted papers for election to the Office of Chairman of the aforesaid Union Parishad held on 10. 2. 88. Res......nt: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Farid Mia (Md.)......................................Appellant Vs Amjad Ali (Md.) alias Mazu Mia and Others...............................Respondents Judgment April 2, 1989. Result: Th......newal of working capital loan. To make the matter complete and up-lo-dale as lo me said loan, it may be slated at this stage that the appellant in his additional paper book dated 5.3.89 has given two documents issued by the Krishi Bank showing that me said loin has been renewed up lo 11.2.90. One of..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s has been often observed, it is difficult if not impossible to procure direct evidence to prove the intention of an individual; in most cases it has to be inferred from his act or conduct or other relevant circumstances of the case." In that case it was further held: "Care must be taken n......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......se is also reported in: 42 DLR (AD) (1990) 03. ......ord that the accused party was in actual physical possession of the place of land. As such we are of the opinion that no reasonable doubt has been created by the production of the aforesaid defence documents as to manner of occurrence". 7. It is vehemently urged that the High Court division com..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
.... 494 of the Code of Criminal Procedure. In this regard the order of the Magistrate and the reason given by the learned Judges of the High Court approving the order of the Magistrate may be cited. The relevant part of the Magistrate’s Order may be set out: “Seen the order of the learned Sessi...... the High Court in upholding the order of the Magistrate, inter alia, have given the reason which is as follows: “In the facts and circumstances of this case it appears from the extracts of the papers of the Ministry of Home Affairs which bear the signatures of the Deputy Secretary, Joint Secr...... Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....d judges of the High Court Division committed an error interpreting the provision of Article 135 of the Constitution and erred in holding that reduction in rank covers the case of the respondent. The relevant portion of Article 135 of the Constitution is quoted below: “135(2). No such person s......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......Case is also Reported in: 31 DLR (AD) (1979) 127.......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......d in: 31 DLR (AD) (1979) 112. ...... accordance with law. On this interpretation the Court can look at any admission made in the written objection, or written statement, it may take note of any fact made in the plaint or other paper or documents on record. It is to be remembered that it is only the property of the defendant that is li..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
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