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Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ...... of abatement of a suit or appeal amounts to a decree which can only be set aside on appeal or on review under Order 47, rule 1 of the Code and tried to impress upon us that the High Court erred in law by interfering with its own order of abatement without any petition for review under Order 47, ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......e Abandoned Properly (Control, Management and Disposal) Order (P. O. 16 of 1972) and that the public notice dated August 8, 1973 in so far as it relates to it has been issued without any lawful authority. 3. Before these two petitions could have been heard a preliminary que..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge." 23. This is not a case which is barred by any law nor this is a case in which the contentions of the complaint, even if admitted in its entirety, ..Category: Criminal Law | Date: | Hits: 138
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......e judgment passed by the learned Sessions Judge and directed the learned Magistrate to proceed with the case on taking proper step in the case on the basis of materials on record in accordance with law. The learned Advocate submits that both the learned Sessions Judge and the High Court Di..Category: Criminal Law | Date: | Hits: 50
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......tioner. 2. Brief facts are that the respondent No. 2, as informant, lodged FIR before Nazirpur Police Station stating that on 9-5-1998 at 6-00 AM the accused petitioner and others forming unlawful assembly with deadly weapons entered the schedule land and cut and took away ripe paddy valu..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......toms Excise and VAT) Appointment and Service Terms and Conditions Act of 2000 being Act No. XX of 2000 to be violative of Articles 133 and 136 of the Constitution and, as such, illegal and without lawful authority and consequently, the impugned order No. 7(2) Shu-Va:Pro-3/2000/613 dated 20-8-200..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......nt May 8, 2008. The Constitution of the People’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence has..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......upon Rule was issued calling upon the writ respondent to show cause as to why the non-appointment of aforesaid Additional Judges as permanent Judges should not be declared to have been made without lawful authority and why the writ-respondent should not be directed to appoint the writ-petitioners..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......urt fees, there are, in fact, two suits in one file for analogous hearing and the withdrawal of one of those does not make the other nonexistent or invalid but without considering this position of law as well as the mandate of sub-rule 2 of rule 6, CPC that "written statement shall have the..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ...... instant case the bill of entry was presented on 4-4-1993 and the tariff value of the skimmed milk power at that time was US$ 1,750 per metric tonne. The High Court Division committed error of law in directing release and return of the Bank Guarantee which was submitted by the writ petition..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......ent/appellant No. 1, the requiring body in possession of the land in question having not been made a party in the present writ petition, the judgment and order passed therein suffers from error of law and further the High Court Division was also not justified in directing the writ responden..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......respondent No. 2 for the remaining 9 items of the 5th call of tender and also for a direction for issuing work order in respect of aforesaid 9 items; whether the writ Court acted in accordance with law in negotiating the price for the said items between the parties and in directing the writ resp..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......s and just after the arrest of his father Mir Md. Nasiruddin, he transferred total amount of Taka 5,64,62,947 from Joint Accounts of himself and his father to the accounts of his wife and mother-in-law. 5. On these facts Gulshan Police Station Case No. 26 dated 6-3-2007 under sections 26 and 2..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......he finding of the courts below on the point and setting the same aside without any reasoning. Leave was also granted to consider whether the learned Single Judge of the High Court Division erred in law in failing to appreciate and consider that the dissolved managing committee had no a..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......s offence? Hartal accompanied with force or violence or threat of force or violence is not only illegal but constitutes cognizable offences punishable under the Penal Code and other penal laws of the country…………….(44) Cases Referred To- ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......ket and the learned Magistrate sent it to the police who recorded the same as First Information Report and thus Moradnagar P.S. Case No. 8 dated 22.06.2002 was started under the provisions of law as mentioned above and that the accused respondent being unsuccessful in getting bail from..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... 91 of the Evidence Act and that acceptance of the contention of the defendants negating the contents of the document Ext. 1 and reading something in Ext. Gha (2) would be the violation of the law as in section 91 of the Evidence Act, that the finding of the trial Court that because of the m..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......pointed in Grade-I and that he had only the qualification for being appointed in Grade-II and as such the appointment of the writ-petitioner in Grade-II was quite legal and in accordance with law." This Court did not find substance in the contention of the petitioner that he was senior..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....rizing the Government to fix tariff value on the export/import from time to time. Since 1976 the Parliament has legislated through Finance Act providing the provision regarding tariff value amending the Customs Act which is absolutely within the domain of the Parliament to decide and arm ......nvoice value of the goods being at US$ 835.49 per metric ton (taking the invoice value of US$ 291 per Rim of 500 sheets) alleging that such arbitrary fixation of tariff value has been done without lawful authority and no legal effect. 2. The appellants as the importers opened the letters ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......f the defendant, the plaintiff cannot succeed in the suit, the High Court division totally failed to consider that aspect of the case and decreed the suit on mere presumption thereby erred in law. 7. Mr. Sultan Ahmed, the learned Counsel appearing for the respondents has, however, su..Category: Property Law | Date: | Hits: 34
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