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Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... Abdul Hoque S/O (5) Fazlul Huq, son of Abdul Khaleq (6) Humayun Kabir son of Farza Mia are involved in the above case, according to Govt. order, the case is not maintainable. “In view of the fact, I have received order from S.P. Mymensingh to withdraw the case vide his memo no..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ...... execution was of a kind not within the contemplation of the parties when the contract was signed and for which they would have made provisions if its possibility could not be foreseen. So, in our view the case of the appellants claiming compensation should be decided on the evidence on record b..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....f, Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal defendant Shanti Sudha Moitra is erroneous. 4. Plaintiff’s case in short is that the suit property belonged to 3 brothers in eq......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......oner obtained two rules from the High Court Division on his application under section 25 of the Small Causes Courts Act against the aforesaid decree. It was contended before the learned Judge that in view of section 3(1)(a) of the Conciliation Courts Ordinance, 1961 read with section B(1) of part I ..Category: Tenancy Law | Date: | Hits: 163
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. ......ellant thereafter filed an affidavit enclosing a death certificate the show the respondent Abani Mohan Mukharjee had died on 6-7-64 at Burnpur Hospital in the District of Burdwan. The High Court in view of the affidavit and the Death Certificate recorder on 31-7-70 that the appeal had abated in r..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. ...... 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 question arose in both of them whether, in view of the provisions of the Abandoned Properties (Supplementary Provisions) Regulation,..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. ......mean anything but that the cheque has been returned for insufficient funds in the account of the drawer of the cheque. These are merely words in banking parlance. 14. We are therefore of the clear view that the reply of the Bank "refer to drawer" means and indicates that the bank is unable to hon..Category: Criminal Law | Date: | Hits: 138
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......er suspension and, as such, the order of suspension is ex-fade illegal and the said order has been made in violation of the Rules. 6. Therefore, in the facts and circumstances of the case and in view of the discussion made above, we are of the view that the High Court Division upon correct asse..Category: Civil Law | Date: | Hits: 111
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. ......ourt Division also held that the certificates stating that on the date of occurrence the accused petitioner was present at his working place, is an extraneous document. 5. We are of the view that the High Court Division, on proper appreciation of law applicable in the present cas..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....ve was granted to consider: "Mr. A Razaque Khan, the learned Additional Attorney-General, appearing for the petitioner, submits that the learned Judges of the High Court Division erroneously and illegally held that section 8 of the impugned Act No. XX of 2000 is ultra vires of......rms and conditions of the service which are amenable within the jurisdiction of the Administrative Tribunal and accordingly, the High Court Division had no jurisdiction to adjudicate the dispute in view of the Article 117(1) of the Constitution and, as such, the impugned judgment is liable ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....urt Division committed an error of law by holding that offence committed prior to the date of promulgation of the emergency cannot be tried under the Emergency Power Rules, 2007 (EPR) on the basis of erroneous interpretation of section 3(3kha) of the Emergency Power Ordinance, 2007 (EPO). 19. He......he Bangladesh Penal Code. The allegation as set out in the FIR on the face of it does not amount to an offence under section 385 of the Penal Code, not to speak of section 109 thereof. In any view, there is no allegation of extortion against the respondent No. 1. 7. It was further stated..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. ......oduction of the materials upon which the advice or its reasoning was based, because the materials cannot be said to be a part of the advice. 19. He submits that the bar of judicial review is confined to the factum of advice but not the reasons i.e. the materials on which the a..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....cision causing failure of justice. 6. Learned Advocate further argued that the learned Judges of the High Court Division having failed to consider the material evidence on record arrived at erroneous findings and decisions which are liable to be set aside. 7. We have heard the lea......aterial evidence on record, it appears that the learned Judges of the High Court Division considered the case of the parties and meticulously considered the material evidence on record and in such view of the matter, we are of the view that learned Judges of the High Court Division committed no ..Category: Property Law | Date: | Hits: 41
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. ...... the present case the defendant No. 2 in Money Suit No. 21 of 1993 along with written statement also filed a counter-claim and paid requisite Court fees on the amount claimed. Accordingly, in view of the principle as laid down in the above case, there could be no legal objection to the Cour..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. ......and duties on the basis of tariff value in force on the date of presentation of the bill of entry. The High Court Division was not justified to rely on an earlier decision of this Court which, on review, was subsequently reversed………..(7) Cases Referred To- ..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. ......l Deputy Commissioner (LA) informing him that his prayer has been rejected, directed him to vacate the premises; thereafter he sent an application to the Ministry of Land Administration for review of the said order but with no effect and thereafter the impugned order dated 20-9-1990 was iss..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. ......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. ..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. ......under section 161 read with 109 of the Penal Code, 1860 triable under the procedure laid down by the Criminal Law Amendment Act, 1958 and all cases triable under the said Act, 1958 come within the purview of Rule 18Kha(1) and 18Kha(3) and, as such, the provision in the Emergency Powers Rules, 2007 i..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. ...... Thana Nirbahi Officer, Mithapukur, Rangpur and others..........Respondents Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 73 In view of the presently available advanced science and technology the opinion of handwriting expert i..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 to relate to a pending proceeding and cannot be read in isolation of the other two parts as the third part starts with "or" which is conjunctive and not disjunctive. 22. In such view of the matter in absence of any proceeding pending in any court amenable to the jurisdiction ..Category: Criminal Law | Date: | Hits: 79
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