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AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......, this Division held that availability of alternative remedy by way of appeal or revision will not stand in the way of invoking writ jurisdiction raising purely question of law or interpretation of statute but the case in hand arose out of an Artha Rin Case and moreover,..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......Code of Civil Procedure against the order dated 14-5-2005 passed by the learned District Judge, Chittagong Rule was issued and initially heard by a Division Bench and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against the..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ...... 12. On our perusal of the judgment of the trial Court, as has already been observed hereinbefore, that the said Court as the initial Court of fact in fact did not discuss the evidence as the law enjoins. 13. The appellate Court while reversing the judgment of the trial Court has rej..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......ntion of the writ-petitioner that the correction so made is illegal and malafide is not correct and the further contention was that writ petitioner's land in fact was acquired as per provision of the law which has ceased to exist because of the enactment of Acquisition and Requisition of Immovable P..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......t petition. That would amount to quashing an inquiry proceeding relating a complaint petition, which discloses an offence, exclusively triable by a Court of Sessions. This is not permissible in law. This not being a judicial proceeding pending after cognizance by a competent Magistrate this ..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......nbsp; . . . . . . . . . . . . . . . . . . . . . . . On perusal of the aforesaid provision of law it appears that in case of trial of an absconding accused no doubt it is necessary to publish a..Category: Criminal Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ......section 4(1) of the Anti-Corruption Act, 1957. 2. The writ-petitioner is a businessman and pays Income Tax. The legality of the Memo, mentioned hereinbefore was challenged on the ground that law requires that such kind of notice as per provision of section 4(1) of the Anti-Corruption Act, ..Category: Criminal Law | Date: | Hits: 29
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......laneous Case was barred by limitation. From the materials on record the learned Advocate-on-record could not point out that the finding so arrived at by the last Court of fact is not sustainable in law or in other words based on mis-reading or non-consideration of the evidence or that finding as..Category: Property Law | Date: | Hits: 21
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......n in revisional jurisdiction and the High Court Division summarily rejected the same. 4. The learned counsel for the defendant No.2/petitioner submitted that the High Court Division erred in law in not considering that in Ext.Ga the value of the mortgaged property was shown at Tk. 33, 50,..Category: Civil Law | Date: | Hits: 91
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......Resignation, Removal and suspension) Regulation, 1984. It has been asserted that the post of the Chairman of No. 10 Jalalpur Union Parishad was declared vacant with a malafide intention and without lawful authority. It has been further asserted that as per Section 12(2) of the Local Government U..Category: Others | Date: | Hits: 91
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......ng threatened the plaintiffs with forcible dispossession; the order for local investigation at the instance of the defendants may create some scope for them in these days of unrest and uncontrolled law and order situation to fish in the troubled water and even blood shed is not unlikely; that the..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......retirement from service as communicated to the writ-petitioner-respondent under Memo No. SaMa/Shree2 (Bima) 1/2000-255 dated 27.6.2000 of the Ministry of Establishment to have been made without any lawful authority and is of no legal effect. 2. The respondent filed the writ petition again..Category: Employment/Service Law | Date: | Hits: 62
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
.... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ......has not been made party which is a necessary party in accordance with section 3(2) of Rural Electrification Board ordinance, 1977. She next submits that the High Court Division erred in law in failing to consider that since the writ petitioner was removed from his post in compliance ..Category: Election Law | Date: | Hits: 84
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
.... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ......tailing the part of the petitioner's area has been done without complying with the Rule 10 of the Muslim Marriage and Divorces (Registration) Rules, 1975 and as such the impugned judgment is bad in law and the same is liable to be set aside. 3. It appears that the petitioner was appointed..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......ce judgments in both the cases on the same date to avoid conflicting decisions to the prejudice of one party or the other. In such view of the matter, the High Court Division committed an error of law in directing to dispose of one case first and thereafter dispose of the other cases and thereby..Category: Criminal Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......oner created a forged deed and that a Title Suit No.3 of 1997 has been filed by the accused petitioner for correction of records and therefore A.D.C. (Revenue) should have filed the case according to law and since it has not been done, the case not being maintainable he was entitled to be discharged..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......y improbable as the respondent, the husband of the victim, miserably failed to explain as to how his wife died in his house in the night of occurrence and that in 35 DLR (AD) 119, the principle of law on the point of circumstantial evidence having been clearly laid down there had been a miscarri..Category: Criminal Law | Date: | Hits: 48
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......e followed by a Tribunal relating to matters ancillary or connected with the substantive function(s) for the performance or discharge whereof Tribunal has been established, have the force of law even if in the substantive Act by or under which the Tribunal has been estab..Category: Administrative Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ......8.2002 around 2 0' Clock in the afternoon the detenu was brought to the Court of Chief Metropolitan Magistrate. An application praying for 5 days remand was prayed before the Magistrate, while the lawyer for the detenu made application praying for bail. The Metropolitan Magistrate rejected the p..Category: Criminal Law | Date: | Hits: 109