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State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......ned Deputy Attorney-General for the appellant and Mr Aftab Hossain, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers on record. 7. The learned Deputy Attorney-General submits that sections 195 and 476 of the Code of C...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......e prepared in the names of the plaintiffs but subsequently, it was wrongly prepared in the names of the heirs of the ex-landlords, the defendant Nos.3-10, but the plaintiffs paid rents and the records of right so prepared are wrong and without any foundation. 4. It was further stated ......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ...... the authority in order to be fully satisfied about the thoroughness of the enquiry directed the enquiry officer to probe into the individual allegations more intensively with reference to official records which apparently proves the bonafide of the authority in conducting the enquiry. ......notice. The respondent submitted his reply on 19-6-1991 pleading innocence. The authority ultimately, it alleged, without any consultation with the Public Service Commission illegally dismissed him service by the impugned order dated 17-7-1993. The present respondent primarily contended that alle..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ......al application. Opposite party Nos. 2-5 have been impleaded in the election petition as well as in the appeal and they were also impleaded in the revisional application and from the perusal of the record it appears that they never entered appearance before the Election Tribunal or before the App......XLI rule 14(3) Even though The High Court Division acted under section 151 of Code of Civil Procedure, Order XLI rule 14(3) has given ample power to the High Court Division to dispense with service of notice upon the non contesting respondents. Lawyers Involved: Fazlul Karim,..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....h ballots into counting. Khandaker Mahbubuddin Ahmed submits that this point has been considered in the case of Abdul Matin vs. Election Tribunal, 31 DLR (AD) 331 and in his submission there is no good reason to depart from the principle laid down therein. The High Court Division has no occasion......be declared void? (ix) To what other relief, if any, is the petitioner entitled? 9. As regards issue Nos. 2-6 the Tribunal upon consideration of the evidence and materials on record clearly found that they were not proved. As to issue No. 1 the Tribunal clearly found that a......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....n record, and it gives reasons for the withdrawal. Dr. Aleem-al-Razee says that the reasons are not sufficient to warrant a consent, whereas Mr. Asaduzzaman Khan contends that the reasons are good reasons and they are sufficient for the Magistrate to accord his consent. 9. We have set......based on some reasonable grounds and before making that order, the Court must take into consideration attending or relevant matters and circumstances. It is true that the Court is not required to record its reasons, though it may be desirable so to do. There must however be some material on ...... 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. ..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....cerned even after the bund was placed and that the respondent had no malafide intention to bring loss to the appellants and that the excavation of the cannel was an act of benevolence for the good of the people of the locality and it was done in good faith pursuant to scheme adopted in the ......ries for another term for reasonable rent. The learned Judges of the High Court arrived at the following conclusion:— “We therefore, upon a consideration of the evidence on record, are satisfied that the plaintiffs have been able to establish their case that they could n......tion of fish, placing necessary materials and providing drainage of water etc. and a further sun of Rs. 37,601-2-6 to pay ht expenses of a large number of servants, guards and other employees whose service were always essentially necessary for the purpose of preservation and fishing. Thus the ap..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....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. ......Respondent No. 1 instituted a suit being title suit No. 673 of 1969in the Court of 1st Munsif, 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 erroneou......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. ......d for more than 12 years in exercise of his right as a non-agricultural tenant. The learned Small Cause Court Judge who tried the said suit; came to the finding, on a consideration of the evidence on record, that the respondents has got their title to the suit premises and that the defendant was a m......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. ..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. ......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 respect of respondent Abani and granted time to t......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. ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....s, or perhaps both, but they would fail in their duty if they did not apply them to the best of their understanding. As I have said, whenever, by his interpretation he can avoid hardship the good judge will do so, but there are many occasions when he cannot avoid a result which he deplore......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. ......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. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....2 filed the criminal case against the petitioner to deprive him from paying advance money which was received against delivery of 500 tons of MS Plates and in order to escape from supplying the said goods to the accused petitioner. 7. He further submits that no case lies against the petitioner u......law nor this is a case in which the contentions of the complaint, even if admitted in its entirety, no offence is disclosed. The stage of considering the evidence has also not yet reached as the recording of evidence has not even started. 24. In such view of the matter we are of the view tha......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. ..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 accused persons named in the naraji petition. Against this order, Revision is pending from 1999 and by this time 13 years have elapsed. It appears that learned Sessions Judge on the materials on record, found a prima facie case against the accused petitioner and thereafter, directed for taking...... 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. ..Category: Criminal Law | Date: | Hits: 50
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. ......-instatement of for respondent No. 8. 3. We have heard Mr. Sarwar Ahmed, the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers on record. 4. It appears that the Board of Secondary and Higher Education Jessore has conducted an i...... resolution again asked him to show cause within 7(seven) days but without any response and the Managing Committee by its resolution dated 4-10-2004 decided to suspend the respondent No. 8 from his service. The Managing Committee also sent a letter to the Board of Secondary and Higher Education, J..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. ......ider that though the FIR contained the name of accused petitioner but did not contain any overt act on his part and the learned Magistrate, on considering the above and also the other materials on record including the statements under section 161, Cr.P.C and that the accused petitioner is an Add......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. ..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. ......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. ......spondent No.3 under section 8 of the aforesaid impugned Act was declared to have been made without lawful authority and of no legal effect and section 13 of the aforesaid impugned Act repealing the service rules of the Principal Appraiser, Appraiser and others from "Ka to Chha" so far r..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. ...... the statements under section 164 of the Code of Criminal Procedure voluntarily admitting his guilt before the Magistrate implicating himself and others and that the confessional statement has been recorded in accordance with law and that section 3(3 ka) of the Emergency Power Ordinance, 2007 (EPO...... that corruption committed prior to the proclamation of emergency has had a severe negative impact on our country impacting the poor disproportionately, hindering economic growth, reducing social services, diverting investments in infrastructure, institutions and social services and fost..Category: Civil Law | Date: | Hits: 254
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