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Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......e of place. The High Court Division after hearing the parties discharged the Rules. We granted leave on the same grounds as were agitated in those petitions and, in addition, a ground for malice in law was included, that is, whether the Returning Officer acted in willful disobedience of the Electi..Category: Election Law | Date: | Hits: 163
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....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. ......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
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ...... the argument was that the appellant, if at all, was liable for culpable homicide not amounting to murder. The learned Judges of the High Court Division upon a proper consideration of the facts and law, however, rejected the said contention and held that the "action of the appellant in this case..Category: Criminal Law | Date: | Hits: 65
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. ...... sought to be given by the Collector of Customs of section 30 of the Customs Act was not tenable. Rule was accordingly made absolute and leave was granted as aforesaid for considering the points of law involved under the Customs Act. 7. To follow the matter chronologically few dates are importa..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....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. ......t cannot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In th..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......riminal Procedure then an order for writing a proper judgment may be necessary and desirable, but ordinarily when the entire matter is open to the first appellate Court and it is required under the law for that court to assess the evidence independently and to record its own findings then merely b..Category: Criminal Law | Date: | Hits: 52
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....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. ......ambit and protection of section 7(2) of the Non-Agricultural Tenancy Act, 1949, which is as follows: "7. Incidents of certain Tenancies. — Notwithstanding anything contained in any other law for the time being in force or in any contract. (1)..........................................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. ......y for fresh election if directed by the Returning Officers. Writ jurisdiction is not available in respect of election dispute except in exceptional circumstances such as coram non-judice or malice in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of e..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. ......urt Division do not call for any interference. 19. Mr. A.J. Mohammad Ali, learned Attorney General on the other hand submits that the learned Judges of the High Court Division erred in law in failing to consider the fact that as the writ petitioners' appointment was time bound under..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......d as such in an application which itself lacked maintainability, the High Court Division passed the impugned judgment and order at the back of the petitioners and thereby committed an error of law. The learned Attorney General then referred to the following observation of the High Cour..Category: Property Law | Date: | Hits: 48
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. ......n challenged the said notification dated 14.12.1998 before the Administrative tribunal, Dhaka in Case No.344 of 1998 on the ground that retrospective seniority given from 20.01.1991 was unlawful and the Administrative Tribunal allowed the case against which Government unsuccessfully pr..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; ......on used to possess the land of 'Kha' and 'Ga' schedule through bargaders, that after the death of Tofazzal his wife Khatemon was living in the house of Izzatullah Chowdhury as his daughter-in-law, that Izzatullah Chowdhury died in Magh, 1366 B.S., that a year before the death of Izzatullah ..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......s submitted accordingly and the case being sent for trial the learned Judge of the Tribunal framed charge against the accused petitioner and others under the aforesaid provision of law. 3. The petitioner filed application under Section 561A of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 52
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. ......he High Court Division without considering the same most erroneously observed that the trial was held without jurisdiction; the High Court Division in any view of the matter committed error of law in not sending the case to the proper Court on remand for proper trial in general criminal Cou..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....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. ......hat the question raised by the petitioner is not a question which can be decided by the High Court Division acting as a court taking upon contempt matters and the High court Division also erred in law in holding that there is confusion about the legal position of final assessment to arrive at. ..Category: Property Law | Date: | Hits: 33
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......cate submits, inter alia, that the trial court without complying with the provisions of Sections 87/88 of the Code of Criminal Procedure framed charge against the accused in sheer violation of law and the High Court Division passed by the impugned judgment and order ignoring the aforesaid v..Category: Criminal Law | Date: | Hits: 42
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......o Dhamnondi P. S Case No. 52 dated 18.01.1998 was started at the instance of aforesaid Cyma Zarrar. It is further revealed that Khwaja Mohammad Zarrar father of Khwaja Mohammad Arif i. e. father-in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner joi..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......al Code and as such the instant criminal proceeding against the petitioner is liable to be quashed and that the learned Magistrate disregarding the facts and circumstances of the case and law illegally framed charge against the accused petitioner under aforesaid Sections of ..Category: Criminal Law | Date: | Hits: 57
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. ...... order discharged the rule. Hence is this petition. 2. In support of the petition Mr. Mainul Hosein, learned counsel submits, inter alia, that the High Court Division misinterpreted the law and thus fell in error by concluding that the provisions of Section 33(1) to (4) were fully co..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......ly that the impugned orders dated 21 October 1979 and 22 May 1982 were illegal and void. 7. Leave was granted to consider whether the learned Single Judge of the High Court Division erred in law in setting aside the orders dated 21 October 1979 and 22 may 1982 upon a misconception that pa..Category: Property Law | Date: | Hits: 35
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