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Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......of stay granted earlier by the Court. Hence this leave petition. 6. Mr. Md. Nurul Amin, the learned Advocate appearing for the petitioner, submits that the High Court Division erred in law in not complying with the decision of Civil Revision No.890 of 2002 dated 15-03-2003 and the H..Category: Property Law | Date: | Hits: 27
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....e submissions of the related bills of entry by the petitioner, modified the percentage of wavier in the earlier notification by inserting "30%" in place of "15%" as stated above and pursuant to the provisions of the modified notification the customs authority demanded higher duties from the petiti......dul Baset Majumder, learned Counsel, appearing for the petitioner submitted that the judgment and order dated 25.10.2005 passed by the High Court Division is neither proper nor in accordance with law; that the SRO notification dated 20.10.1998 enhancing the duty on grey Portland cement from 15% ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....tence due to the subsequent transfer made on 4.2.1996 to a co-sharer and accordingly the appellate Court on proper consideration of the evidence on record and proper appreciation of the legal provisions and also after adverting to the reasons assigned by the trial Court, reversed the judgme......ned by the trial Court, reversed the judgment and the findings recorded by the court of appeal below are well reasoned and supported by evidence on record and are based on correct principle of law. 6. We are of the view that the High Court Division on proper consideration of the mater..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......00/- as salami fixing Tk.800/- as annual rent. Since the plaintiff petitioner used to live with his father and other brothers in joint mess he acquired the suit land in the banami of his brother-in-law. Mon Monohar Golder, father of the defendant Nos.1 and 2 in the suit in order to avoid any..Category: Property Law | Date: | Hits: 32
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......e defendants who entered into a compromise, disclaiming as district kindred their claims are barred by estoppel. The learned Advocate finally submitted that the High Court Division committed error of law by holding that the claim of inheritance made by the defendant has been admitted by not denyin..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....of their ad-hoc appointments. 4. In the meantime Ad-hoc Service Counting (Seniority Determination) Rules, 1990 was published in Gazette Notification dated 8.111990 vide Annexure-k and the relevant provisions of Rule 4 are quoted below: “জৈষ্ঠ্যতা নির্ধারন ......79 in serial Nos.115 to 183 therein (Annexure-'N') and the remarks under clause 9 of the gradation list against the names of the writ petitioner respondents to be unconstitutional, void and without lawful authority and further directing the writ respondent Nos. 1-10 to follow the final gradation l..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....re subject matter of which has been ratified and validated by the Proclamation Order No. 1 of 1977 dated 23rd April, 1977 and the 5th Amendment of the constitution. The appellant asserted that the provisions of Act have become inconsistent with the provisions of paragraph 3A and paragraph 18 of ......ct was void, illegal, ultra vires of the Constitution and of no legal effect and further that Dhanmondi P.S. Case No. 10(10) 96 dated 2.10.96 and Lalbagh P.S Case No. 11(11)75 dated 4.11.75 were unlawful and void. 3. The appellant who was a captain in the Pakistan Army in 1970 joined the..Category: Constitutional Law | Date: | Hits: 167
....not tenable in law; that the impugned letter dated 19.03.2003 issued by the writ-respondent No.1 is contrary to the earlier letter dated 28.12.2002 issued by him is and the same being contrary to the provisions of law and the terms and conditions of the schedules of the contract is not sustainable......ate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law.
Cases Referred To-
Sharping Matshjibi Samabaya Samity Ltd. vs Bangladesh and others 39 DL..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......t water, sewerage, ground rent etc against each shop and there is also clause in the covenant providing that if the petitioners failed to pay six months rent, the plaintiff can take the shelter of law to recover the rent and that the plaintiff always made delay in receiving rents and that the pl..Category: Property Law | Date: | Hits: 48
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....2509;রাপ্তি সাপেক্ষে খালাসযোগ্য and accordingly as per provisions of section 198 of the Customs Act, 1969, on 9.4.2009, the goods were examined in the pre......hin the restricted list of the Import Policy Order 2006-2009 and accordingly the Customs Authority, held up the delivery of the imported goods and took steps to start proceedings in according with law; the respondents then made representations on 12.4.2009 and 22.4.2009 to the petitioners admitt..Category: Fiscal/Taxation Law | Date: | Hits: 62
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... of the High Court Division passed in Writ Petition No. 7492 of 2005 discharging the Rule. 2. Facts, in brief, are that the petitioners filed the above writ petition calling in question the provisions section 12(3) of the Artha Rin Adalat Ain, 2003, the notice for auction sale of the prop...... Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the People’s Republic of Bangladesh, represented by Secretary, Ministry of law, Justice & Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.... ..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......lthough the petitioners failed to pay the loan money within the specified stipulated period and then within the extended period but in view of section 22 of the S. R. Act, the said failure does not lawfully entitle the respondent No.1 to get a decree for specific performance of contract for tran..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ...... No.533 the prayer for local investigation for the second time had no basis and accordingly the trial Court was justified in decreeing the suit and the lower appellate Court, upon misconception of law and fact, reversed the judgment and decree of the trial Court. 3. It further appears the..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....ts of their arrests were duly issued and when they could not be apprehended by the police inspite of their efforts, their properties both movable and immovable were attached in accordance with the provisions of the Code and thus the requirements of Sections 87 and 88 of the Code of Criminal Proc...... the telephone line and after he took the receiver the President told him to get in touch with the police control room immediately as some armed men attacked the house of Serniabat, his brother-in-law; while he was trying to connect the police control room, the President came down to his room an..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....er and artillery by Farooque Rahman, the briefing of Faruque Rahman to the units and the presence of Major Abdur Rashid there. In course of cross-examination, this witness stated that there was no provision for joint parade of different units in the yearly parade. He reaffirmed his statement in ......e is no reliable evidence regarding Sultan Shahriar complicity in the murder of the President and members of his family; he did not go to House No.677 at Dhanmondi; the High Court Division erred in law in relying upon the testimony of P.W. 14 to prove his presence at the night parade at Balurgha..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....third learned Judge to be true and voluntary. But the remaining two confessions were kept undecided for his exclusion from the hearing and as such finality of opinion to follow the judgment as per provision of Section 429 read with Section 377 of Cr.P.C. for the purpose of Section 378 has not be...... Counsel, Mr. Ajmalul Hossain, Q.C., strongly voiced that role of Government vis-a-vis state as guardian of the people is to protect, safeguard and uphold the right and liberty of its citizens and law and order of the country. But after killing of the President, General Ziaur Rahman hijacked the..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....ohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ...... all the accuseds i.e. where first learned Judge acquitted all accuseds and the second learned Judge convicted all, and secondly, when there is difference of opinion either on evidence or points of law leading to conviction under different provisions of law or acquittal of some of the accused pe..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....nt found, in presence of two or more responsible inhabitants of the neighbourhood and shall make an investigation, and draw up a report of the apparent cause of death as per provisions of Section 174 of the Code. It is also the duty of the police officer to submit th......ngladesh and the Proclamation of Martial Law of 15th August, 1975. Whether or not an F.I.R could have been lodged even after the promulgation of the said Ordinance was a matter of interpretation of law but one would think for the second time to file any case on the face of promulgation of such O..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....tial and grave injustice has been done to the accused. Though the expression “discretionary” has not been used in this clause of the Article as has been used in the corresponding Indian provision, (Article 136) but in view of the powers given to this Court to exercise the jurisdiction...... Court observed as follows: “It thus appears that extra-judicial confession appears to have been treated as a weak piece of evidence but there is no rule of law nor rule of prudence that it cannot be acted upon unless corroborated. If the evidence about e..Category: Criminal Law | Date: | Hits: 291
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