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Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....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. ...... complied with, that the total monthly pay of the respondent was Rs. 202. 31, but it did not grant a decree for arrears of salary from August 1948 to 15th November, 1949 as claimed. The plaintiff was accordingly granted only a declaration that the order passed on the 12th March, 1969 discharging her......try of Establishment……………… Appellants (In both the appeals). Vs. Shamsuddin Ahmed.....................Respondent (In both the appeals). Judgment July, 2003. Cases Referred to- Pakistan vs. M/S A. B. Issacs, 22 DLR (SC) 371; Divisional superintendent, P.W.P. Karachi vs.......alary or promotion to the respondent, the relevant Government Rules, namely, Rules 72 (b), 34 and 195 of the B. S. R. Part-I are fully applicable to the respondent and the Appellate Tribunal erred in law in giving a wrong interpretation to the said Rules. Mr. B. Hossain next submits that the resp..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ...... 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995). Judgment May 21, 1997. Cases Referred To- Collector of Customs, Chittagong and others Vs. A. Hannan 42 D.L.R (AD) 167; Collector of Customs, Chitta...... disposed of by a common judgment by a Division Bench of the High Court Division, discharging the Rules Nisi. 2. Although different articles were importer appellants yet the question of law involved in all these appeals being common they are being disposed of together in one judgment...Category: Fiscal/Taxation Law | Date: | Hits: 199
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. ......re inclined to allow the appeal. As we have already found that the writ petition as filed is not maintainable we are not inclined to enter into other aspects of the matter. 8. The appeal is accordingly allowed without cost. The impugned judgment and order passed by the High Court Div......nistry of Home Affairs and others, 52 DLR (AD) 120; Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 44 DLR (AD) 111. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal Hossain Khan, Assistant Attorney General with him) instructed by B. Hossain,...... should have filed the case before the Administrative Tribunal which was the appropriate forum the writ petition filed by him not being maintainable the judges of the High Court Division erred in law in making the rule absolute when the Administrative Tribunal has the jurisdiction to ex..Category: Administrative Law | Date: | Hits: 95
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....n question can be very well done by exercising the inherent power of the court under Section 151 of the Code of Civil Procedure under the facts and circumstances of the case and in the interest of justice. The learned Single Judge of the High Court Division in our view misdirected himself in not......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. ...... Sayeed JR Mudassir Husain J. - In this appeal, leave has been granted by this division on 1.12.94 to consider as to whether the learned single judge of the High Court division was justified or......e High Court Division in our view misdirected himself in not applying his judicial mind to the established principle of granting and refusing the amendment. 8. We have hear the learned lawyers of both sides and considered the above submissions that on perusal of the records and ..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....The respective writ petitioners challenged legality of the order of cancellation primarily contending that the said order was mollified and that was violative of the principle of natural justice since cancellation was made without serving any notice, and that also volatile of the funda...... 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. ......Court Appellate Division (Civil) Present: Ruhul Amin J KM Hasan J Md. Fazlul Haque J Shamsu Miah and others represented by the Constituted Attorney Mohammed Hafizur Rahman and (11) others............Appellants Vs. The Gov......tion of the government officers and cancelled the allotments although possession was earlier made over and as such the act of the respondents canceling allotments was illegal and without lawful authority. 6. The High court Division discharged the Rules primarily upon the view th..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. ......is engaged advocate to make tadbir in the case and the clerk assured him that he was not required to go to the Court on all dates and when necessary he would inform the petitioner of the case accordingly. The clerk of the learned Advocate did not contact the petitioner for 2-3 months and ac......stant Judge after hearing the parties dismissed the case holding that the defendant was not prevented by sufficient cause from appearing when the case was called on for hearing. The defendant took an appeal to the Court of District Judge, Comilla. The appeal was allowed and the judgment and......udgment 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 the plaintiff. Leave was granted to consider the submissions that..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. ...... 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. ......er), he was serving in Dagon Bhuiyan Electric Supply on being transferred from Raipur Electric Supply, where he was Resident Engineer, was server with the letter dated 23 July 1994 asking him to explain why disciplinary action under the Bangladesh Power Development Board (Employees) Service......ficer in pursuing the policy of the authority as regard minimizing the system loss and that gearing up the recovery of revenue and as such the order of compulsory retirement was not sustainable in law. It was also contended that non-attaining of the target fixed by the authority as to reduction ..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. ......ustainable in law. 5. It appears form the impugned judgment of the trial Court that the trial Court held the case to be barred by limitation disbelieving the knowledge of the pre-emptor, as according to it, it found discrepancy as to date bearing in the notice under section 89 (4) of the ......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 above pre-empti......urts below held the same as fraudulent document but the said finding of facts have been interfered with by the High Court Division in revisional Jurisdiction which is not sustainable in law." Mr. Mahbubey Alam, the learned counsel appearing for appellants submitted that..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......gation punishable under section 324 of the Penal Code. In such circumstances we are inclined to dismiss the appeal with modification in conviction as well as in sentence. The appeal is accordingly dismissed but conviction under section 326 of the Penal Code passed against these two a......shy;inal Appeal No. 1933 of 1993 upholding the conviction and sentence passed by the learned Sessions Judge, Rajbari in Session Case No. 1 of 1993 convicting the sentencing the appellants to suffer rigorous imprisonment for five years under section 326 of the Penal Code and to pay a fin......fact leading to this petition is that on 6.5.1992 at about 12.00 mid night the informant P.W. 1 woke up from sleep on hearing hue and cry and moved toward the railway line where he found his son in law in injured and unconscious condition. It is the further case of the prosecution that the F.I.R...Category: Criminal Law | Date: | Hits: 78
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. ......ent No.1 in the writ petition issued instruction on 21.3.1999 to the effect that immediately after the polling the votes cast outside Dhaka to be brought to Dhaka in sealed packets for counting and accordingly the votes cast outside Dhaka were not counted at centres. In the said notification it ......Vs. Mr. Giasuddin Ahmed Chowdhury @ Gias Kamal Chowdhury and others..............Respondents (In Civil Petition No. 9 of 2001) Judgment December 10, 2001. Cases Referred to- Imtiaz Ahmed Vs. Ghulam Ali, 15 DLR (SC) 283; Md. Enayet Ali Vs. Munsif, First Court, K......tory provisions of filing election petition as provided in Article 46(17)(ii) of the first statute, the Dhaka University the learned Judges of the High Court Division committed an error of law in passing the impugned judgment and order dated 12.7.2000. He next contends that Article 52 o..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. ......she attains 18 years as she refused to her father observing that the observation made by a minor girl must be kept with reservation, it can not be a factor for not giving the victim to her father and accordingly it was directed to hand over the minor to the father. 9. In the case of Jharna Rani&n...... Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal is allowed. Cases Referred to- Wahed Ali Dewan Vs. The State and others, 46 DLR (AD) 10; Sree Mangla Chandra Nandi Vs. Bangl......ether a detune who is a minor can be kept in confinement for an indefinite period by a court for the purpose of determination of majority or minority on conclusion of trial, which is not warranted by law and is illegal or improper, (iii) whether the High Court Division could act under section 491 of..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....make a case of quram-non-judice of the trial court, or that the facts alleged do not constitute any criminal offence or the conviction has been based on no evidence or otherwise to secure the ends of justice and with that we add that he should approach the court with clean hands." (Decision in th......guilty but having been enlarged on bail he again absconded and later on he was arrested on 08.06.98 after passing of the judgment and there was 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 th......can be called coram non judice, then and then only the conviction and sentenced can be quashed under section 561A of the Code of Criminal Procedure.........................(5) Cases Referred to- Shar Ali (Md) and others Vs. The State, 46 DLR (AD) 67; Alamgir Hossain Vs. The State 46 DLR ......ving been enlarged on bail he again absconded and later on he was arrested on 08.06.98 after passing of the judgment and there was 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, ..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
.... an obligation is created for a party who had received the benefit of an erroneous judgment to make restitution to the other party what he had lost and it is also for the court to see that ends of justice is not frustrated. The court may place the party in the position which they would have occu......ow entitled to restitution of possession/ Even where the same may not be possible under section 144 of the Code the court may take recourse to Section 151 of the Code, The High Court Division according to Mr. Mahmud has rightly allowed the prayer of the plaintiffs and no wrong and illegalit...... Supreme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J K. M. Hasan J Military Estate officer, Dhaka Cantonment, Dhaka and another..........Appellants Vs. Sk. Mohammad Ali and others............ring No. ALC/681/76 dated 29.12.1976 is illegal and of no legal effect. It was also declared that possession of the suit land from the plaintiffs cannot be recovered except in due process of law. But in the meantime though the original suit was dismissed on 22.8.1989 the contesting de..Category: Property Law | Date: | Hits: 31
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....lure to notice the important piece of evidence i.e. Ext. 5 and consequent thereupon failure to notice the discrepancy in the prosecution case and the evidence has caused serious miscarriage of justice. 4. The informant has figured as P.W.1 and he has stated that he purchased 22,500 p......991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ...... order dated September 24, 1991 of the Court of Magistrate, 2nd Class, Kushtia, passed in G.R. Case No. 269 of 1990 convicting the appellants under Section 379 of the penal code and sentencing them to suffer rigorous imprisonment for 1 year and to pay fine of Tk. 1,000/- (one thousand) each, in ......991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ..Category: Criminal Law | Date: | Hits: 34
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....earned Advocate-on-record submits that having regard to the nature of offence and the 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 ......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. ......rt of Additional District Magistrate, Dinajpur passed in case No. 366 (c) of 1990 convicting the appellant under section 6 (5) (b) of the Muslim Family Laws Ordinance, 1961 and sentencing him to suffer simple imprisonment for one year and also to a fine of Tk. 5,000/- in default to suf......l 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 Ordinance, 1961 to grant permission for 2nd marriage. 3. Leave was granted to consider..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. ......ction 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 respondent No.1 who took Tk. 5 laces from him on false representation that he was the owner of a piece of land situated...... made the rule absolute on the ground that the instant case involved civil dispute and the cognizance taken under the penal section of the Negotiable Instruments Act amounts to abuse of process of law. The proceeding of C.R. Case No. 1909 of 1997 pending in the Court of Metropolitan Magistrate w..Category: Criminal Law | Date: | Hits: 45
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....itioner was never heard in the matter personally prior to seizures of his licensed arms and as such the seizure of the arms was not only arbitrary but also volatile of the principles of natural justice, that at no stage petitioner was informed in any manner the cause of seizure of the f......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ...... August 26, 2003. Lawyers Involved: Mahbubur Rahman, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Abdur Razaque Khan, Additional Attorney General, Md. Ataur Rahman Khan, Deputy Attorney General and Md. Faisal H. Khan, Assistant A......arged the rule on the ground that the appellant died not reply to the show cause notice and therefore, by canceling licenses of the arms of the appellant the respondent had acted in accordance with law. Leave was granted to consider the following:- " Mahbubur Rahman..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....nd had never been part of lake; that the defendant approved the plan in due course but subsequently, without giving any notice withdraw the same which is violative of the principle of natural justice; that as the suit land not being the part of the lake the order passed in Writ Petition No.......In the plaint it was asserted, inter alia, that the suit land belonged to Israt Reba Mohammad Zunaid and Shamim Ara Rafique who proposed to sell the property to the plaintiff and accordingly on 05.10.1991 an agreement was executed between the parties and subsequently, the execu......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 alia, that the suit land belonged to Israt Reba Mohammad Zunaid and Shamim Ara Rafique who proposed to sell the property to&nbs...... 1952 and Section 169 of the Town Improvement Act, 1953 we find that the impugned judgment and decree passed by the trial Court suffers from gross illegality and not sustainable in the eye of law; that the issuance of impugned memo dated 06.04.1999 being not an act done under the provision ..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. ......ellip;……………Petitioner Vs. The State and another…………………..........Respondents Judgment October 29, 2007. Cases Referred To- 38 DLR 105; 19 BLD 461. Lawyers Involved: ......etitioner and so there is no ground to issue a rule for quashing the proceeding. 6. We are of the view that the High Court Division on proper consideration of the materials on record and the law involved rejected the application under section 561A Cr. PC summarily. The petiti..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
.... 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 miscarriage of justice. 11. We have heard the learned Advocate for the petitioner and perused the materi&sh......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. ......Petition No. 499 of 2006) Md. B. Hossain, Advocate-on-Record-For the Petitioner (In both the cases) Not represented- Respondents (In both the Cases) Criminal Petition for Leave to Appeal Nos. 498-99 of 2006. (From the judgment and order dated 4th April, 2005&nbs......tioned appeals before the High Court Division and the learned Judges of the High Court Division in consideration of the evidence on record as well as hearing the parties through their engaged lawyers found that the prosecution failed to prove the charge under Sections 364/386 of ..Category: Criminal Law | Date: | Hits: 36
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