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Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......aid Memo, no area where in Respondent No.1 was acting as Nikah Registrar was curtailed, rather appellant has been appointed Nikah Registrar of the area of the newly established Municipality In that view of the matter we are of the view that the High Court Division was in error in declaring the Me..Category: Civil Law | Date: | Hits: 95
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......he observation, "we do not normally interfere with the discretionary exercise of jurisdiction by the High Court Division but this is one case where our interference is called for, but in view of the fact that the trial is on we think that the interest of justice will be served if the a..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......n rejected for want of legal evidence as it is clear that there is no legal evidence against the accused respondent to support the conviction under section 396/34 of the Penal Code. In that view of the matter in order to secure substantial justice in the case we are inclined to set aside ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ...... interest on the unpaid amount of Tk. 6,82,40,216,. 13 Paisa for a period of 2 years. He contends further that he had also no jurisdiction to allow the interest beyond the date of the award in view of section 29 of the Arbitration Act. The High Court Division, he contends has therefore fall..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......respondences between the government and the requiring body it is palpably clear that the publication of the final notice in Gazette under Section 5 (7) of the said Act is in process. 10. In view of the facts and circumstances of the case, the lawful order the learned Judgers of the High C..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......e of the said property should not be declared to have been made without any lawful authority and of no legal effect. That rule was ultimately disposed of as anfractuous by judgment dated 14.1.1982 in view of the assurance given by respondent No. 6 of that writ petition in his supplementary affidav..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......and other benefits from the date of removal to the date of rejoining and that the said period will be treated as extra ordinary leave without pay. The respondent joined on 23-12-93 and then filed a review petition to the Government seeking revocation of the aforesaid two conditions. The review petit..Category: Administrative Law | Date: | Hits: 138
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... junior to him. Mr. Khan submits that the finding of the High Court division as regards protection of the petitioner's fundamental right as enshrined in the constitution has no leg to stand upon in view of the arguments made in the writ petition. Relying in the decision in the case of Junnur Rah..Category: Administrative Law | Date: | Hits: 95
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ...... the court under Section 151 of the Code of Civil Procedure under the facts and circumstances of the case and in the interest of justice. The learned Single Judge of the High Court Division in our view misdirected himself in not applying his judicial mind to the established principle of granting..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......rlier made over and as such the act of the respondents canceling allotments was illegal and without lawful authority. 6. The High court Division discharged the Rules primarily upon the view that the land of the plots allotted to the respective writ petitioners have been earmarke..Category: Property Law | Date: | Hits: 27
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
.... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......eal he wrote to the appellate-authority on 26 June, 1995 seeking information as to the fate of his appeal and there upon the authority informed the appellant on 21 March, 1996 that his review application has been dismissed. 3. Thereupon the appellant moved the High Court Divisio..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....der 59 rule 1 and 2 of the code of the Civil Procedure against the appellant not to change he nature and character of the suit land and not to dispose of the suit pending disposal of the case. Thus erroneously arrived at a finding that he respondent No.1 had knowledge of the transfer together wi......f notice given under section 89 of the State Acquisition and Tenancy Act or if no notice has been served as aforesaid, with in 4 months of the date of knowledge of the transfer." 9. In view of the above, the respondent having filed the case within 4 month from the date of issuan..Category: Property Law | Date: | Hits: 30
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......; Mahmudul Amin Choudhury CJ. - In this appeal leave was granted to consider the following:- "That in view of the existence of the statutory provisions of filing election petition as provided in ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......im Mamota Karmaker is still a minor and as such she can not be confined even at the direction of the learned Sessions Judge only for determination of her age which has already done and (iv)whether in view of the consistent of the higher courts of the sub-continent that question of custody of a minor..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
.... their own notice dated 29.12.1976 . It is well settled principle of restitution that on the reversal of a judgment an obligation is created for a party who had received the benefit of an erroneous judgment to make restitution to the other party what he had lost and it is also for the ......7. In such circumstances have the plaintiffs any relief before us? We have noticed above that dispossession was not on the basis of any decree which has been varied or altered. The consistent view of the higher courts of the Sub-continent is that in such circumstances the provision of secti..Category: Property Law | Date: | Hits: 31
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......2, 1990 Police seized 22,500 pieces of bricks by the seizure list Ext-5. The seizure list (Ext.5) was prepared in presence of P.W. 6 and the same having been read over to him he signed the same. In view of the evidence of P.W. 6 it can safely by said that the prosecution case of stealing bri..Category: Criminal Law | Date: | Hits: 34
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ...... to the nature of offence and the reality of social life if the sentence of the appellant is reduced to the period already under gone the ends of justice would best be met. 5. We are of the view that in the background of the facts of the case as well as upon compassionate view of the matt..Category: Criminal Law | Date: | Hits: 35
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......ision illegally quashed the proceeding. He further submits that the High Court Division without any evidence on record erred in not holding that mere intention of the accused respondent is bad in view of the fact that he took money by inducing the complainant appellant in believing that he is ..Category: Criminal Law | Date: | Hits: 45
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ......such an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the same for such time as it thinks necessary for the public safety. Therefore, in our view, the respondents have acted without jurisdiction and beyond his authority which cannot be sust..Category: Criminal Law | Date: | Hits: 40
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