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Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......(five) years and also fine of TK. 5,000/- which was imposed by the Assistant Sessions Judge, Rajbari. 5. Mr. Sarwar Ahmed, the learned Advocate appearing for the petitioner submitted that in view of the fact that there being no material on record to support the conviction of the accused-pe..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......idential report of the officers for the last five years and this document shows that the respondents are more meritorious than the writ petitioner and the last submission that in any view of the matter, having regard to the provision of section 24 of the General Clauses Act, the d..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......struction of law and fact and being emboldened by those judgments, the respondent Nos. 112 made an attempt to take possession of the suit lands forcibly but without any success and that they with a view to taking forcible possession of the suit land conspired with other defendants to create some ..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......ppellant (respondent in the writ petition) contradicting the claim of the appellants and the High Court Division also found that disputed questions of facts were involved and as such we are of the view that the adverse remark made on the basis of the paper clippings could be avoided. 16. ..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......o do not disclose that the landlord was pressingly in need of the suit shops. Moreover, under the terms of the agreement, on such requirement the tenancy could not be brought to an end. Secondly, the view of the appellant court that when the possessory right was transferred that does not debar the l..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......f Civil Procedure moved the High Court Division in revisional jurisdiction and obtained the Rule as mentioned herein above. The High Court Division after final hearing discharged the Rule upon the view that the property involved in the two suits, issues in the two suits and the parties therein a..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......Section 3(2) of the Ordinance. It is the contention of the appellant since the College has not been sued by the plaintiff who is an employee in the college the suit so filed was not maintainable in view of the provision of Section 3(2) of the Ordinance. The question as to whether a proceedin..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......t the writ petition is a device to side track and ignore the order of stay passed by the High Court Division is also not based on materials on record. 15. In the circumstances, we are of the view that the High Court Division committed an error of law in discharging the Rule issued in the ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... Kamal Hossain Barkat @ Boston and others were continuously threatening the informant- petition Runu Akhter, her two young children with dire consequences if they fail to withdraw the case. In the view of this the informant petition filed a general diary with Mirupur police station being G. D. N..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......e, liable to be quashed under section 561A of the Code of Criminal Procedure. In such premises the High Court Division passed the impugned judgment and order and discharged the rule. In view of the discussion made above we do not find that the High Court Division committed any error i..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. .......2002 enlarging the present respondent on bail. Against the order of bail, the appellant as petitioner filed criminal petition for leave to appeal and the leave was granted to consider that in view of the fact as stated in the F.I.R. that Delwar Hossain Talukder had fired gun shot at the fig..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......ecessary orders for allowing him to clear the said consignments without payment of any customs duty. He also filed an application under section 196B of the Act before the Ministry of Finance for reviewing terrier orders dated 23-6-90, 27-9-90 and 23-5-91 passed by various authorities. The N..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......dant No. 24, Kamruzzaman. The heirs of Abdul Karim transferred to plaintiff-appellant No. 1 and defendant No. 1 by two separate deeds dated 20-11-1976 a little less than 4 decimals of land and, in view of the aforesaid transfers, the heirs of Abdul Karim had ceased to be co-sharers in the suit l..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......idur Rahman Majumder (Md) Shahidullah Majumder and others vs. Sahirunnessa and others reported in 1 BLC (AD) 43. In the circumstances, we do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This C..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ...... Case No.11 of 1982 by judgment dated 12-5-83 and sentenced to 3 years' rigorous imprisonment and a fine of Tk. 1 lac and in default further rigorous imprisonment for 1 year and 9 months. On review the Chief Martial Law Administrator remitted the two sentences of imprisonment but his convic..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......aring a Law Officer of the Government appeared for the said respondents. 9. The High Court Division discharged the Rule upon observing "From the aforesaid annexures we are of the view that the petitioner company was very much aware of leasing of the Balumohal inside the Tea Est..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......Jute Mills Ltd. others vs. Agrani Bank reported in 1994 BLD (AD) 196 wherein it is settled that writ petition is maintainable against an interlocutory order of the Artha Rin Adalat and in that view of the matter the impugned judgment and order is liable to be set aside by this Division. It i..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....cial reasons such as enmity with P.W.3 and possibility of false implication at his instance, non-wearing of musk by the accused and as such the order of acquittal passed by the High Court Division is erroneous, that reasons assigned by the High Court Division in acquitting the respondents are mere s......rein the deceased and the witnesses were sleeping as well as about the dying declaration of the deceased which was heard by the inmates of the other huts of the house i.e. P.Ws. 1,4 and 10 was of the view that the evidence of the eye witnesses and the witnesses who heard the dying declaration was no..Category: Criminal Law | Date: | Hits: 44
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......28.11.2002 rejected the said prayer for recalling the writ. Thereafter the defendants filed application praying for staying operation of the aforesaid orders dated 26.11.2002 and 28.11.2002 with a view to enabling them to seek remedial measures before the High Court Division but by order dated 1..Category: Property Law | Date: | Hits: 36
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