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Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
....shy;ulate about the decree that may be passed, that Section 5(1) of the Ain Provides that all suits concerning realization of loans of a Bank will be filed in the Artha Rin Adalat, that there is no provision that such a suit may only be filed against a borrower/guarantor, that High Court Division......loan in question has been clearly made out in paragraphs 4 and 5 of the plain, but the High Court Division as well as the court below upon a total non consideration of the facts of the case and the law on the subject illegally caused the names of the defendant Nos. 3 and 4 to be struck out f..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....nst the petitioner after he had joined District Police Force. Khulna on transfer he (O. P. No. 3) had no jurisdiction for taking disciplinary action against the petitioner because the provisions of Regulation No. 859 of P.R.B, and Section 9 of the DMP Ordinance (III of 1976) provid...... B. Hossain learned Deputy Attorney General appearing for the opposite party petitioner (civil Petition No. 326 of 1997) submits that the learned Appellate Tribunal upon a misconception of law and facts wrongly held that the Metropolitan Police Commissioner, Dhaka ceased to have juris..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......ing of the trial Court without himself perusing the evidence of the material document Ext. 1 and non consideration of this vital evidence by the final court of fact has resulted in a gross error of law which has occasioned a failure of justice. 11. It is undisputed that the respondent..Category: Property Law | Date: | Hits: 31
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
....and thereafter regular case was started upon filing formal FIR against the petitioners. 3. On completion of investigation prosecution report was filed against the petitioners under the provision of Customs Act as well as under the provision of Special Powers Act. In due course papers......er belt areas of Bangladesh territory and as such they can not be prosecuted under Section 25B (1) of the Special Powers Act and rejected the said contention upon observing that requirement of law is that on arrival inside Bangladesh one having in his possession contraband goods or qua..Category: Criminal Law | Date: | Hits: 61
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....pendently to implicate the appellant in the case and as such the framing of charge against the appellant cannot be sustained in law. 14. The learned Counsel has next contended that the provisions of Section 265B and 265C of the code of Criminal Procedure have been introduced after om......1 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 have been heard together as common question of law and facts are involved and there in the parties are also same and as such this single judgment ..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....lic Administration with effect from 5.2.1989. The appellant then applied for leave from 31.1.1989 to 28.2.1989. The Secretary, Ministry of Planning framed charge against him on 31.1.1989 under the provisions of Government Servants (Special Provisions) Ordinance, 1979 and asked him to show cause ......eferred Administrative Appellate Tribunal Appeal No. 142 of 1994. The Administrative Appellate Tribunal after considering the facts, Circumstances and the materials on record and the provisions of law allowed the appeal setting aside the judgment and order dated 16.11.1994 of the Administrative ..Category: Employment/Service Law | Date: | Hits: 62
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......or specific performance of contract and the decree passed against them have been rejected by both the trial court as well as the appellate court below and the learned single Judge is in an error of law in not taking into consideration this material point decided by the Courts below while reversi..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......s body and his father died instantaneously. Deceased's daughter-in-Law, Nazmun Nahar Nahid (Pw.2), while came to resist, the accused tried to run away and took shelter at the house of her uncle-in-law, Shahid. Informant also alleged that accused at that time caused bleeding injury on the person ..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......could not be traced was proved by P.Ws 1-4. The fact that after search the dead body of the victim was found in the mango-garden of Chainuddin, about 200 yards away from the house of the father-in-law of victim Balika, was proved by P.Ws 3,4,5 and 6. the fact that initially no mark of viole..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....import there of. He next submits that the trial court and the High Court Division misdirected themselves by relying on section 101 instead of section 111 of the Evidence Act which makes special provision for pardanshin, illiterate women. He next submits that the High Court division erred in ....... Leave was granted in the following terms:- "Mr. A. F. Hasan Arif, learned Advocate for the plaintiff petitioner, submits that the High Court Division fell into an error of law in holding that the onus to prove lay upon the plaintiff inasmuch as the plaintiff being an ..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....Bangladesh Power Development Board as an Assistant Engineer; he had to tender resignation from service under BPDB with effect from 20.7.1979 for taking job abroad as at that time there was no provision for allowing an employee to go abroad on deputation; on completion of the term of service......ent No.1 as the other 24 person did not resign from their office. 4. The High Court Division made the Rule absolute declaring the impugned order dated 24.11.1993. Annexure-E void and without lawful authority because of violation of the principle of natural Justice as well as equa..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....further that the High Court Division failed to appreciate that M/S Master Industries Ltd. was not constituted or established under any law but it had come into existence in accordance with the provisions of the Companies Act, 1913 and as such it can not be said to be 'body corporate' with in...... and the Accused petitioner is a Managing Director thereof and further that the High Court Division failed to appreciate that M/S Master Industries Ltd. was not constituted or established under any law but it had come into existence in accordance with the provisions of the Companies Act, 19..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....d petitioner within 15 days from the date of receipt of the information of return of the cheque on 11.02.2001 and as such the proceeding being found to be not strictly in accordance with the provision of section 138 (b) of the Negotiable Instrument Act the same is liable to be quashed.&......then on 24.02.2001 but the same being dishonored the complainant served notice on 10.03.2001 with in 15 days from the return of the cheques i.e. on 26.02.2001 and thus fulfilled the requirement of law. 4. He further submits that a cheques can be presented on more than one occasions for en..Category: Business or Commercial Law | Date: | Hits: 138
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
.... of the Limitation Act provides for 6 (six) months time for filing an appeal from an order of acquittal. Since period of limitation for filing an appeal against acquittal has been prescribed by the provision of the Limitation Act and as such in view of provision of Section 5 of the Limitation Act,......imitation' under Section 417 (3) of the Cr.P.C. "left no scope for application of Section 5 of the Limitation Act inasmuch as there being no cogent reason explaining the delay, there is no scope in law to condone the delay to secure ends of justice. The further contention of the learned counsel fo..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......olding in the plaint and as such impugned judgment suffers from misreading of material evidence and also based on conjecture and surmise. He further submits that High Court Division erred in law in finding that Nasima Kahtun and Farhana Khatun were not non-locals." 6. The l..Category: Property Law | Date: | Hits: 29
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
.... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......ring the parties discharged the rule and directed the learned Assistant Judge to refer the matter to the Court of the learned Magistrate for prosecuting the plaintiff petitioners in accordance with law for committing the offence of forgery in the solenama and also awarded cost as already mention..Category: Property Law | Date: | Hits: 25
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....Parishad on the basis of a letter of appointment issued under the signature of the secretary, Basic democracies and Local government department of the then a Government of East Pakistan as per provision of East Pakistan Local Councils service Rules, 1968. The respondent No.1 as district Engi......91 on the ground of being absent without leave or reasonable excuse from the place where he was transferred it may be mentioned case before AT and AAT was disposed of solely on matters of law and at no stage allegations against appellant was considered in any respect in disposing of the..Category: Administrative Law | Date: | Hits: 95
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
....te Court in order to reassess the evidence of the parties. Examine findings recorded by the trial court giving reasons either by upholding or reversing the same following strictly the inoperative provision as laid down in order 41 rule 31 C. P. C. 4. Leave was granted to consider the su......r upon reading the judgment itself that all the relevance evidence has been substantially considered by the lower appellate Court and met all the reasons given in the judgment of the trial Court. The law as provided under Order 41 Rule 31 of the C.P.C. enjoins that the appellate court must given rea..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....fore us by Mr. Fazlul Karim, learned Counsel for the appellant is that the wakf administrator can not amend or change the scheme of the management of the said wakf estate. But we find that the provision of sub-section 5 of section 34 of the Wakf Ordinance, 1962 empowers and authoress legally......the wakf Administrator and directed the petitioner to continue as the Member Secretary of the Managing Committee. The administrator of wakf then vide his order dated 01.08.94 amended the scheme/bye-laws for management of the said wakf estate creating the post of a vice Chairman to work with the ..Category: Trust/Waqf Law | Date: | Hits: 200
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
....cord necessitating the consideration of the order dated July 13, 1999. 5. To appreciate the contention raised by the learned Counsel for the appellant it is necessary to re-produce the provision of Rule 183 and 184 of the Service rules, 1965 which runs as: "183. (1) ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ..Category: Employment/Service Law | Date: | Hits: 72
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