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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. ......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. ......os.3-5 and 8 within Gafargaon Police Station and that he was permanently appointed as Nikah Registrar on October 20, 1981, that on March 8, 1998 Union No.5 was taken away from the Respondent No.1's jurisdiction. Thereafter on February 20, 2000 Union No.8 was taken away from the jurisdiction of Re..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. ......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. ...... and dispose of the case within the said period. This Division dismissed the leave petition of the State with the 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 ..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. ......he instant case the only material before the Court against the accused respondent was the confessional statement of co accused which is no legal evidence against the convict respondent in the absence of any other corroborative evidence. Admittedly there is no eye witness to the occurrence a......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. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
.... with the arbitration for some time but then he declined to continue and accordingly Mr. Md. Moksudur Rahman was appointed an Arbitrator in his place who then on completion of the arbitration fixed total dues of the respondent at Tk. 10,37,45,666.13 paisa including the running bills received by ......ee order interest from the date of the decree at such rate as the court deem reasonable to be paid on the principal sum as adjudged by the award and confirmed by the decree. He submits that in the absence of any specific reference to an Arbitrator on a question as to .what interest is to be paid......ceeding only for three months had no lawful authority to award the 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 Arbitr..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....f the High Court Division in Writ Petition No. 1312 of 1993 making the Rule Nisi absolute. 2. The predecessors of 13 writ petitioner respondents were owners of 11.34 acres of land, out of a total area of 21.95 acres with in C.S. Khatian No. 3170 of Muza 211 Baunia, P.S. Mirpur, District D......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. ...... are still holding and possessing the case property. As such the High Court Division declared the possession of the respondent appellants in the aforesaid three plots to be illegal and without jurisdiction and the appellants were directed to release C.S. plot No. 3170 in full, C.S. plot No. ..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.......neral informed us that he could not obtain certified copy of the plaint and/or relevant page of the concerned suit register as the same are missing. So it is difficult to decide the question in the absence of those documents. 9. But in the connection it is pertinent to refer to the judgment of ......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...Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....gust, 1948 to 15 November, 1949. On remand the trial court framed several issues and found that the provisions of section 240 of the Government of India Act, 1935 had not been complied with, that the total monthly pay of the respondent was Rs. 202. 31, but it did not grant a decree for arrears of sa......d in the case of Md. Jahangir Kabir vs. Bangladesh, 16 BLD (AD) 85. Further under Rule 72 (b) of B.S.R. Part I, the Government has the discretion not to grant any pay or allowance for the period of absence from duty. Mr. Shamsuddin Ahmed, the plaintiff respondent, who has in the meantime joined......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. ..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. ...... 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. ......er has challenged his seniority in the service which is in respect of terms and conditions of his service he ought to have moved the Administrative Tribunal and not the High Court Division in writ jurisdiction. 4. The High Court Division on consideration of the materials on record ma..Category: Administrative Law | Date: | Hits: 95
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....equired to score 18.17 and that out of 40 marks appellant was to score 12.35%, but the appellant failed to score the said minimum mark in both counts and that he scored in all 18.09 out of the total 100 mark. In the background of the aforesaid fact the authority served letter asking the appe...... 139 of the Service Rule of the Power Development Board could be inflicted on him. 7. The submission of the learned counsel for the petitioner that in the second show cause notice there was absence of kind of punishment going to be imposed on the appellant is of no substance since in the ......nd 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 Division in its writ jurisdiction contending inter alia, that he was found not negligent by the enquiry officer in ..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......the notice dated 21.1.1981 was entitled to the pre-empt case land inasmuch as the issuance of the notice dated 21.1.1981 having the presumption that the official has been done regularly in the absence of any evidence to the contrary carry a presumption of regularity to hold that the notice w......h the courts below with specific observations held that the pre-emption case was barred by limitation and the sale was within the knowledge of the pre-emptor and hence in exercise of revisional jurisdiction illegally interfered with the concurrent finding of the Courts below by the High Cour..Category: Property Law | Date: | Hits: 30
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....er the signature of the Vice-Chancellor. It was further stated that counting of votes did not take place immediately after the poll was over at several centres out side Dhaka and thereby there was total violation of the provision of section 46 sub-section (17) of the first statutes and according......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. ......shy;lor the finding of the learned Judges of the High Court Division that the election petition being purely on law points the alternative remedy under Article 52 is not a bar to invoke writ jurisdiction for is interpretation of law is contrary to the principles of law enunciated i..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....erent and distinct from family Court, a person may have a right to move guardian Court but in appropriate case section 491 can be invoked when confinement is not warranted by law. 19. Thus the sum total of our discussion above, notwithstanding that a person may have a right to move before higher ......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. ...... is ascertained that the victim girl is minor, non-consideration of the prayer for release of the victim girl by the High Court Division displayed lack of application of judicial mind in exercising jurisdiction under section 491 Cr. P. C. and in view of her admitted minority during pendency of the..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. ...... a delay of 805 days from the date of the judgment and according to law the connected appeal itself was to be filed within 30 days. 4. According to the appellant, since the trial was held in his absence he could not prefer the appeal in time as prescribed by the Special Law and as such after ar......pears, by its impugned judgment and order has very distinctly and clearly found upon very careful consideration of the evidence on record while discharging the Rule, that the Special Tribunal had jurisdiction to try the case as offence was disclosed by the materials on record and it found corr..Category: Criminal Law | Date: | Hits: 47
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. ......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. ......The plea of the appellant was that he obtained necessary permission from the Arbitration Council but the same was not accepted by the court since the Chairman of No. 6 Omarpur Union Parishad had no jurisdiction to entertain the petition under sub-section (2) of section 6 of the Muslim Family laws..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. ......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. ......te on 10.6.1997. The Magistrate took cognizance and also enlarged the respondent No.1 on bail. 3. Thereafter, the accused respondent moved the High Court Division in its criminal revisional jurisdiction in Criminal Miscellaneous Case No. 3325 of 1997 under section 561A of the Code of Crim..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. ......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ......he 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 sustained in law. 8. In the result, th..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ...... a play ground or an open field or a water reservior/river and also for declaring memo dated 06.04.1999 issued by the defendant No.1 Rajdhani Unnayan Katripakkhya in short RAJUK as illegal, without jurisdiction and not binding upon the plaintiff. 3. In the plaint it was asserted, inter ali..Category: Property Law | Date: | Hits: 40
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....ure to which they repeated their innocence. The defence did not however examine any witnesses on their behalf. 8. The defence case as could be gathered from the trend of cross examination is total denial and repeated their innocence. Thereafter the trial Court found the accused-respondents......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ..Category: Criminal Law | Date: | Hits: 36
Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
....tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......the impugned judgment and other connected papers on record. 6. The learned Counsel submits that the High Court Division observed that the trial Court (Additional District Magistrate) had no jurisdiction to frame charge under Section 307 of the Penal Code but in fact the trial Court had ju..Category: Criminal Law | Date: | Hits: 38
Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......by the impugned judgment and order dated 23.11.2004 dismissed the appeal and affirmed the judgment of the trial Court. 5. The defendants moved the High Court Division in revisional jurisdiction against the judgment of the appellate Court and obtained Rule. The High Court Division..Category: Property Law | Date: | Hits: 22
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