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Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......urn from India. In the circumstances the learned Single Judge of the High Court Division rightly refused to disturb the finding as to abandonment. We fled this decision to be Well-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as t..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......der Chowdhury J. — In this petition for special leave the question is whether the High Court Division was right in holding that the suit instituted by the plaintiff’s petitioners is barred by law and the learned Munsif correctly rejected the plaint under Order 7, rule 11 of the Code of Civil..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... suo motu Mr. K. A. Bakr, Counsel for the Water and Power Development Board, submitted that the Appellate Division can invoke the power to review its judgment suo motu. This power is derived from the provisions of the Constitution. In support of these provisions, he referred to the provisions in t......he firm, who was in charge of the contract work as Receiver in respect of the assets and properties of the firm and for carrying on the incomplete work with the employees of the firm according to law. Against this order appeals were filed before the High Court Division by the aggrieved parties. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......1978 accused Sattar Mir (he is not among the appellants here) went to the house of Rahim Farazi and invited him to his house and accordingly Rahim Farazi left his house accompanying .his brother-Jo law Sattar Mir. In the morning of 19 December 1978 the dead body of Rahim Farazi was found hanging..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
.... under the Special law constitutes an offence, in such a case it would be more appropriate to prosecute the offender and convict him under the Special Law, if the offence falls strictly within the provisions of the Special Act and does not go beyond…………..(7) Cas......for investigation of the offence under the Drugs Ordinance by a designated class of officer have not been followed……………(7) If an act under both the General law as well as under the Special law constitutes an offence, in such a case it would be more approp..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....court of Subordinate Judge, Chittagong against respondent No. 2, Hill Top Tea Company Limited (in liquidation) for foreclosure of mortgage on the total claim of Tk.6,40,000/-. Under the provisions of the Banking Companies Ordinance, 1962 the suit was transferred to the Dhaka High......liability of the defendant company. Even assuming it to be false, why the defendant company did not take any action against defendant No.2 for making such a false statement in a Court of law as well as saddling it with liability for payment of the aforesaid sum to the plaintiff Bank. A..Category: Business or Commercial Law | Date: | Hits: 139
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... Judgment Shahabuddin Ahmed J. — In this appeal by special leave the main question is whether the conviction of an accused under section 304 of the Penal Code is sustainable in law when there was neither any charge framed against him nor was his attention drawn, while examin..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....om the list of abandoned buildings as published in the Bangladesh Gazette dated September 23, 1986. The list wherein the property in question has been listed as abandoned property was prepared as per provision of Ordinance No. 54 of 1985, hereinafter referred to as the ordinance and the Case No. 397......h Court Division in Writ petition No. 41 of 1993 making the rule absolute declaring the judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of 1989 to have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. N..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....ia, that the writ petitioner is a citizen of Bangladesh and an Advocate of the Supreme Court of Bangladesh, that the respondent Nos. 3-5 deliberately and continuously in violation of the provisions in different Articles of the Constitution and ignoring constitutional duty who were vote......thorised receipts of salaries, emoluments and allowances by the absentee Members of the Parliament without leave of the Parliament are recoverable by appropriate authority upon due process of law". 5. The writ petition was filed at the first instance seeking relief in the follow..Category: Constitutional Law | Date: | Hits: 147
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....matter to the Collector of the District or by committing the offender to prison…………..(7) The Courts while sentencing a person to fine only where there is no provision of sentence of imprisonment in the rule under which the sentence is awarded, in default o......o provision of sentence of imprisonment in the rule under which the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Pr..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......r and leave was granted to consider the correctness of the decision of the High Court Division in remanding the case when according to the appellant substitution had already been made according to law. 4. The original Mutwalli Abdul Ghani died in November, 1970. During pendency of the app..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....g on behalf of the appellant and the respondent is whether the transfer under Ext. A, the kabala executed in favour of the defendant-respondent, was a valid transfer under the amended provisions of section 9(1) of the State Acquisition and Tenancy Act being prior to the aucti...... by subsequent court-sale - Per Shahabuddin Ahmed J.………..(21) “It was held by the Supreme Court of Pakistan that the legislature which is competent to make a law has full and plenary power to legislate retrospectively and prospectively.” Hamoodur..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....payment of ad valorem court fee. Further the relief now claimed by the plaintiff respondents was not previously sought for by them. In this connection the learned Counsel also referred to the provisions of Order 6 Rule 17 of the Code of Civil Procedure. These provisions are as follows: ......72 passed by the High Court Division, Comilla on 4.4.83 remanding the case to the first appellate Court allowing the plaintiffs to amend their plaint and for disposal of the same in accordance with law. 2. Plaintiff respondents instituted O.C. Suit No. 177 of 1967 in the Additional Court o..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....petent to file a cross-objection under Order XLI rule 33 of the Code of Civil Procedure has not done so cannot be said that Appellate Court can under no circumstances give him the relief under the provision of Order XLI rule 33. A litigant cannot take undue advantage on the technicality of a pro......not be said that Appellate Court can under no circumstances give him the relief under the provision of Order XLI rule 33. A litigant cannot take undue advantage on the technicality of a procedural law. The appeal is dismissed…………………(14) Cas..Category: Property Law | Date: | Hits: 38
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......tion of complaint which was treated as First Information Report stating, inter alia, that the occurrence took place on 18.11.1999. Accused No.1 was the husband, accused No.2 was the father-in-law, accused No.3 was mother-in-law, of the informant, accused No. 4 is the eldest brother, accused..Category: Criminal Law | Date: | Hits: 45
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......n Report with the Kotwali Police Station alleging, inter alia, that the accused Nirma Lendu Ghose Dhiraz Ghose and with accused Md. Badruddoza, V.P. Super and Md. Asraf Hossain, Advocate V.P. lawyer filed Other Class Suit No. 213 of 1981 for specific performance of contract and obtaine..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......s quit." 8. We have considered the materials on record. It appears that extra-judicial confession of the respondent was not corroborated by any independent witness. The position of law is that extra-judicial confession to be relied upon requires independent corroboration. Bu..Category: Criminal Law | Date: | Hits: 45
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......im is distantly related with accused Chan Miah whereas accused Chan Miah and Basir Miah are closely related. On 12.10.2001 accused Chan Miah asked the Sohel (since deceased) to go to his father-in-law's house at Akhaura in the district of Brahmanbaria where he will be paid some amount due to him..Category: Criminal Law | Date: | Hits: 41
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......rt Committee of Bangladesh Road Transport Authority carrying passengers on the public Highway from Kishoreganj District Head Quarter to different destinations of the District from 10.10.1994 having lawful route permit; that the defendants started running two other transport services namely "Ma..
Category: Civil Law | Date: | Hits: 118
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....9;র-৫/১২/২৭৬ dated 05.09.1991 as from that date he was absorbed in the service of the RRJ. Therefore, the service of the petitioner is governed by the provisions of the Probidhanmala, 1998. The RRI was declared a statutory body by promulgating the Ri......angladesh Water Development Board, he was no more an employee of the Bangladesh Water Development Board at the time of retirement and voluntarily opted for the service under RRI under its existing law. Though the subsequently absorbed post does not have any service rule providing for pension, th..Category: Employment/Service Law | Date: | Hits: 92
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