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Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....Shamim Bahar deposed as to taking part of his client in criminal conspiracy but the said two witnesses are not natural witnesses and in fact, they have been procured by the police and the prosecution totally failed to prove that his client was party to any criminal conspiracy for committing the alle......ership of Khaled Saifullah he killed the two Judges. 44. Md. Ataur Rahman Sani also in his statement did not deny the prosecution case and stated that due to prevalence of corruption and absence of Islamic law in the country, he felt compelled to wage Zihad. Accused Abdul Awal stated ......d because of the fact that the convicts were tried by a competent Court of the country in accordance with law and upon due compliance of all the necessary formalities and, in such view of the matter, jurisdictional question is rather redundant. In the result, I also dismiss all the petitions and ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....wherein it was mentioned that the estimated costs for the above constructions of the above Groups A, B, C and D will be Taka 51,37,007, Taka 53,11,307, Taka 53,06,932 and Taka 51,64,436 respectively, total being Taka 1,83,28,474, and construction works were to be completed by 270 days. Similarly, fo......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ...... trial Court that the plaintiffs could not prove their possession and that a trial Court should not be treated as infallible only because it saw and heard the witnesses and as the appellate Court has jurisdiction to review the evidence in order to determine whether the conclusion originally reached ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......try of Finance took the responsibility to repay the loan to the plaintiff bank and, as such, the judgment of the Artha Rin Adalat to decree the amount also against the defendant petitioner is without jurisdiction. 11. Mr. Abdur Razzaq, learned Counsel appearing for the respondent in both the peti..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......s competent to enforce the statute. The matter, arising from a departmental proceeding relating to terms and conditions of service of the petitioner the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution…(4) Lawyers Involved: Abdur Rab Chowdhur..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......deposit the sum of Tk. 24,66,088/45 paisa as directed by the Board of Revenue. At that time the company could not challenge the legality of the impugned order dated 11th July, 1985 because the writ jurisdiction of the High Court Division was in suspension due to Martial Law prevailing in the count..Category: Fiscal/Taxation Law | Date: | Hits: 114
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......er of conviction based on the confession alone and accordingly, the appeals were dismissed. 6. Leave was granted to consider whether the conviction of the appellants was well-founded in law in the absence of any other evidence whatever except their alleged confessions which were subject of seve...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ed person from India, for a period of 99 years' lease for his own residence under certain conditions, such as, the allottee would pay monthly premium of Tk. 14/- for a period of 15 years to reach the total of Tk. 2700-/. He paid Tk. 180/-; the Agreement was registered on 9-4-65 whereupon he was put ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....eration of the evidence given by seven witnesses of the prosecution the learned Special Judge, by his order dated 29 May 1986, acquitted the Assistant, accused Ratan Chandra Sarkar on the ground of total absence of evidence, but held the two appellants guilty under Ss.477A/109 of the Penal Code re......n of the evidence given by seven witnesses of the prosecution the learned Special Judge, by his order dated 29 May 1986, acquitted the Assistant, accused Ratan Chandra Sarkar on the ground of total absence of evidence, but held the two appellants guilty under Ss.477A/109 of the Penal Code read wit......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... promissory estoppel. As for the alternative remedy, the contention of Mr. Rafique-ul-Haq is fully correct because the remedy provided for in the Act is not equally efficacious remedy to bar the writ jurisdiction. 22. Applying the principles laid down in the aforesaid decisions the view taken by ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....r words, whether salary income of a Judge of the Supreme Court of Bangladesh exempted from income tax under Article 10 of P.O. 21 of 1973 could be included for the purpose of taxation while computing total income of an assessee judge. Held: Section 60 of the Income Tax Act cannot control the Preside......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....g on adverse possession is undisturbed by the lower appellate Court and the High Court Division. 8. Mr. Mahmudul Islam, learned Counsel for the plaintiff-appellant, submits that there has been a total non-consideration of Exts. 3 and 4, certified copies of the plaint and decree in Title Suit No......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......re-poll, or accept the result of a poll though disputed by some candidates. Election Commission’s approval or concurrence is necessary for fresh election if directed by the Returning Officers. Writ jurisdiction is not available in respect of election dispute except in exceptional circumstances suc..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......r as the creation of post in the revenue budget the Government has the discretion either to create of not to create post, which Government exercises on the basis of requirement and the court has no jurisdiction to compel the Government to create post in the revenue budget by applying the legitima..Category: Employment/Service Law | Date: | Hits: 56
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......nt Nos. 5 to 23 to the posts of Superintendents of Police, although the writ petitioners were senior to them and so the petitioners challenged the action before the High Court Division in its writ jurisdiction and the High Court Division in its writ jurisdiction and the High Court Division ..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......father in favour of his foster son, that passing of consideration as deposed by the scribe of Ext.1 in the proceeding under section 145 Cr.P.C. being of a professional deed writer in the absence of other independent witness can not be relied upon safely and as such the matter of passin......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......rt Division by the impugned judgment and order dated 5.5.2003 allowed the appeal holding that in the instant case the trial held under the Ordinance 1983 by the learned Special Tribunal is without jurisdiction inasmuch as the alleged offence is triable by the normal criminal court and further th..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....o. 2382 of 1999 seeking direction to finalise the process of acquisition of the land of the petitioner involved in Special L.A. Case No. 8 of 1964-65 of District Dhaka stating inter alia that total area of 1.8712 acres of land of Mouza Faridabad and Mouza Bownia of Uttara Police Station, D......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......uit has been decreed and there is an appeal pending against the judgement, the Civil Court is in seisin of the subject matter on the question of title and possession, but the Magistrate assumed the jurisdiction under section 145 of the Code of Criminal Procedure inspite of the fact that the civi..Category: Criminal Law | Date: | Hits: 70
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......vision misinterpreted the law and thus fell in error by concluding that the provisions of Section 33(1) to (4) were fully complied with, inasmuch as the auction sale in question was wholly without jurisdiction as the learned Artha Rin Adalat could invite bids for sale of the property and hold au..Category: Civil Law | Date: | Hits: 94
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......rdian in contravention of the provision of the Rule 843(1)(2) of Civil Rules and Orders and Rule 4(4) of Order 32 of the Code of Civil Procedure and such appointment being illegal and without jurisdiction, the Rule ought to have been made absolute for the protection of rights/ interests of ..Category: Property Law | Date: | Hits: 28
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