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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. ......or of Forests. The prayer portion indicate that the writ petition is in respect of terms and conditions of service, we have considered the submissions of the learned Advocate and also the facts and circumstances of the case and the decisions of this Division and we are of the view that..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. ......tually the numbers of khatian will be khatian No.766. His submission is that the said amendment by way of correction of khatian number can not be any departure from the basic document the kabala in question and further the same will not change the nature and character either of the plaint or of t......r amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure in Other Class Suit No.10 of 1989 by discharging the Rule issued in Civil Revision No. 56 of 1992. 2. The facts, in brief are that the appellant as plaintiff filed the aforesaid suit in the Court of Assis..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. ...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......man and was suffering from various ailments and he relied upon the clerk of his engaged Advocate for making tadbir in the Case. His further case was that he was not aware of the ex parte decree in question. The plaintiff opposite party filed written objection in the above mentioned miscella...... and order dated 15.02.1999 made the Rule absolute after setting aside the judgment and order of the appellate court on the findings that the appellate court did not controvert the findings of facts arrived at by the trial court and there by committed serious error in law which prejudiced t..Category: Procedural Law | Date: | Hits: 84
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. ......collection and that being so soundness of awarding of punishment for non-attaining of the targets as to system loss and enhancing of revenue in light of the new scheme, can reasonably be questioned on the ground of absence of uniform guide line in the fixing of targets under the reward......that the authority on consideration of the replies made by the writ petitioner to the letters of the authority the authority and that also of the enquiry report as well as other attending facts and circumstances found the charges level against the writ petitioners were establish and the..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. ......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. ......below passed in Miscellaneous Appeal No.12 of 1989 affirming those dated 28.2.1989 passed by the Court of Subordinate Judge, Narsingdi in Preemption Miscellaneous Case No.28 of 1985. 2. The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the ab..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. ......when the Statute provided for alternative and efficacious remedy the writ petition can not be maintained. He submits that Article 46(17) (ii) provides that no election shall be called in question except by an election petition presented in accordance with the rule. He contends that the......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. ..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. ......d 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 can also be decided in a proceeding under habeas corpus under m 491 o......C. which contains only the directions of the nature of habeas corpus and there is no scope to determine the question of custody of any minor as the determination of such a question depends on several facts and circumstances including documentary and other evidence. 4. Pobir Halder the learned A..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. ......er rigorous imprisonment for one year more in absentia and directed that the sentence will take effect from the date of arrest of the convict because the trial was held in absentia. 2. The short facts leading to this leave petition are that one Badsha Miah on 03.05.1994 lodged a F.I.R with Pall..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......t land to the plaintiffs. 3. Leave was earlier granted in this appeal to consider the following:- "..........that the notice for taking possession of the lands in question having been issued on 29.12.1976 before the filing of the suit by the respondents and the...... the High Court Division was wrong in allowing the prayer for restitution. He also submits that the decisions cited in the judgment of the High Court Division have no application in the facts of the instant case and the High Court Division was not right in passing the impugned judgme..Category: Property Law | Date: | Hits: 31
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. ......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 matter if the substantive sentence of t..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. ...... order dated 22.6.1999 of the High Court Division in Criminal Miscellaneous Case No. 3325 of 1997 filed under section 561A of the Code of Criminal Procedure making the rule absolute. 2. The facts in short are that the appellant as the complainant filed a complaint case against the respond..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. ......bsp; KM Hasan CJ. - this appeal by leave against the judgment and order dated 8.5.2000 passed by the High Court Division in writ petition No. 4559 of 1999 discharging the rule. 2. The facts, in short, are that the appellant a citizen of Bangladesh is a leading businessman of My..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. ...... 2003 allowing the appeal setting aside the judgment and decree dated 20.02.2003 passed by the Joint District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 f..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......sed prima facie offence under section 420/406 of the Penal Code for which we are not inclined to quash the proceeding." 5. The High Court Division further, found that the facts and circumstances of the present case are quite distinguishable from 38 DLR 105 and 19 BLD 46..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....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. ......gally discarded the evidences of the prosecution witnesses and as such interference by this Division is necessary. He lastly submits that the High Court Division failed to appreciate the facts and circumstances of the case in it true perspective and as a result, there has been serious ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......e case and having considered and held that the occurrence took place in the heart of Dhaka City found that in the FIR there is no words to show that the accused were engaged in taking the money in question out side the country by was of Hundi. 6. The High Court Division further found that......f Metropolitan Special Tribunal Case No. 3151 of 2003, under Section 25(B) (1) of the Special Powers Act, 1974 pending in the court of the Metropolitan Special Tribunal No. 7, Dhaka. 2. The facts, in short, are that an FIR was lodged by one Md. Giasuddin Miah Police Inspector special Team..Category: Criminal Law | Date: | Hits: 37
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. ......Amin J. - By this petition the petitioner seeks review of the judgment dated 05.12.2007 passed in criminal petition for leave to appeal No. 428 of 2006 dismissing the petition. 2. Short facts are that the complainant petitioner Daud Ali Sarder filed C.R. Case No. 70/88 Kali, T.R...Category: Criminal Law | Date: | Hits: 38
Misir Ali and another Vs. State, 2007, 36 CLC (AD)
....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......94 upholding the judgment and order of conviction and sentence dated 25.06.1994 passed by learned Sessions Judge and Special Tribunal. Hobiganj in Special Tribunal Case No.22of 1994. 2. The facts, in short, are that P.W.1 Niaz Mohammad, officer-in-Charge of Madhabpur Police Station lodged..Category: Criminal Law | Date: | Hits: 36
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......;ীবী and the correct word will be অকৃষিজীবী and further since the allegations made by the writ petitioner relate to disputed question of facts, the same can not be decided in writ jurisdiction as held in the case of Kha......76;ী and the correct word will be অকৃষিজীবী and further since the allegations made by the writ petitioner relate to disputed question of facts, the same can not be decided in writ jurisdiction as held in the case of Khalilur Rahman..Category: Property Law | Date: | Hits: 21
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