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Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ...... Member of the Parliament of the area advised the Ministry not to shift the office of the Union Parishad from the present location as it would create dissatisfaction amongst the people. 3. A decision of the Government that the community centre be constructed at Tebaria was communicated by..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......on came up for repeated interpretation. Any interpretation of Article 58 (now repealed) of the Constitution by us while disposing of an application of this nature will not be on a par with the Indian decisions on the subject because our decision too will be tentative in nature and will not be bindin..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......meeting of the Disciplinary Committee was asked to be convened at 1-30 PM on 20.10.1993. 5. It appears that on the following day that is, on 19.10.1993, the Staff Council met at 12-00 Noon as per decision of the last night’s meeting and in course of the said meeting, an application from the In..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......ischarged the Rule insofar as the cellular radio telephone system is concerned. BTL took an appeal to this Division and by judgment and order dated 19.4.93 passed in Civil Appeal No. 73 of 1992 the decision of the High Court Division was reversed so far as it related to cellular radio telephone ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......nctions of BOI shall be, according to section 7(e), “approval and registration of all industrial projects in the private sector involving local and foreign capital”. Section 11(6) provides that a decision given by BOI approving an industrial project shall be deemed to be a decision given by the ..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......5 and the learned District Judge, Sylhet, who heard the appeal, by his judgment and decree dated 20.3.1986, dismissed the same and confirmed those of the trial Court. 6. From the said decision of the learned District Judge, Sylhet defendant No. 1 moved the High Court Division (Sessi..Category: Property Law | Date: | Hits: 84
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ...... appeal by leave, at the instance of the respondent-Government in Writ Petition No. 1602 of 1988, the short question is whether the High Court Division was justified in law in interfering with the decision of the Court of Settlement in exercise of its power under Article 102 of the Constitution...Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......t the High Court Division was of the view that under sections 6 and 7 of the new Act, the provision of revival has been saved and so the prayer for retrial was irrelevant. 10. The fallacy of this decision is that (i) the appellants in that case had no absolute or vested right of release. Their r..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ts, circumstances and evidence in the case properly, keeping in view the definition of “abandoned property” as in President’s Order No. 16 of 1972, which resulted in an erroneous decision causing a miscarriage of justice. Further contention on which leave has been granted is th..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......and plots in these properties. In respect of the 'Ja' schedule, he did not offer any specific claim. As already pointed out, the land of this schedule along with 'Jha' schedule was kept outside the decision of the suit, as all the parties were not on record in respect of them. 5. The defe..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......risoner killed the deceased with the malicious intention, the prosecution has not made out the case and the prisoner is entitled to an acquittal." It has been pointed out in many decisions of our country that the law as laid down in the aforementioned House of Lords' case is in..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......d that the court may act upon the extra-judicial confession only when the prosecution has been able to prove it by evidence of the most reliable character. In support of this argument he cited the decisions in the case of Emperor vs. Mt Jagia (AIR 1938, Patna, 308 and in the case of Haji Yar Muh..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......that the defendants proved their case by independent witnesses and consequently he dismissed the suit. On appeal the learned Subordinate Judge by his judgment and decree, dated 28.6.61 reversed the decision of the learned Munsif and decreed the suit of the plaintiffs. Thereafter the instant seco..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......aused to one of the victims no separate sentence could be passed for causing the hurt as such an order would be contrary to the provisions of section 71 of the Pakistan Penal Code. In another decision in the of case MFN Rewail vs. The State 8 DLR Dhaka 589, it has been held that if one of ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......tiffs appeal and is directed against the judgment and order passed by the learned Subordinate Judge, 1st Court, Chittagong, dated the 15th April, 1964 in other Appeal No. 209 of 1963 reversing the decision of the learned Munsif, 1st Court, Sadar, Chittagong, dated the 16th April, 1963 in Other S..Category: Property Law | Date: | Hits: 71
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......rom a perusal of the records and scrutiny of the matter it appears to us that this point has considerable substance. The Controlling Authority by his letter dated 8.1.68 disclosed that he based his decision entirely on a report from the Deputy Commissioner, Khulna, to whom he made the request for..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......cted and in the circumstances the order of discharge under section 209 CrPC was not an order of acquittal. Mr. ATM Afzal has tried to support his argument on the second point with reference to the decisions in the cases of Panchanan Sarkar vs. Emperor, AIR 1930 Cal. 666; Lakshminarayan and other..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ...... an elaborate discussions of the evidence on records that the application was barred by limitation inasmuch as the story of first knowledge of the sale under pre-emption was a myth. As against this decision of the learned Munsif, the pre-emptor and the applicants jointly preferred Miscellaneous ..Category: Property Law | Date: | Hits: 47
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......of 1969 by which the petitioner's prayer for temporary injunction till the disposal of the Other Class Suit No 357 of 1969 of the Second Court of Munsif at Jhenidah was refused after reversing the decision of the learned Munsif. 2. The petitioner filed the aforementioned suit praying for ..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ...... each case. The usual criteria applied are questions relating to the proximity of time, place, and the continuity of action and community of purpose. Reference may, in this connection, be made to the decision in the case of Fakku Mia alias Motahar All vs. The State 10 DLR 26. Can it be said that the..Category: Anti-Corruption Laws | Date: | Hits: 83
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