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Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......r in the schedule of the plaint Plot No.124 or boundary up to the mosque goli having been mentioned, the High Court Division was wrong in making observation and thereby committed error of law in sending back the suit on remand directing the trial Court for disposal of the suit on the ba..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....ts averring that the suit is not maintainable and that the land in suit has been recorded in the kash Khatian being within the periphery of the Khulna Hat and Bazar and that the land in suit as per provision of section 20(2a) of the State Acquisition and Tenancy Act, 1950 is of the class of non-......a rent receipt dated 1-12-1960 which is prior to the compensation assessment roll. The finding that the land is retainable and it is not within the periphery of the Hat and Bazar is contrary to law." ...."Since the property has been acquired by the Government it cannot be the tenan..Category: Property Law | Date: | Hits: 27
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
....r kabala deed No. 4129 dated 30-6-1992 by false personification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisions of law. Police on completion of investigation submitted charge sheet in the case agains......No. 4129 dated 30-6-1992 by false personification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisions of law. Police on completion of investigation submitted charge sheet in the case against the accused ..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. ......he view that the trial Court shall be at liberty to consider the matter of valuation of the suit property at the time of trial of the suit and shall pass necessary orders as deemed fit according to law as to payment of Court fees, if any, by the plaintiff. With the above observation, this ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....earned Deputy Attorney General that the opinion or consultation of the Public Service Commission has no binding effect This is simply a mere formality to which submission I fail to agree. No provision has been made by the concerned authority for nothing. Opinion of the Public Service Commi......ed before awarding the punishment which was noticed by the Appellate Tribunal itself and therefore it was wrong to say that there was no consultation with the Public Service Commission according to law. 8. The broad fact remains that the same enquiry officer was directed to enquire ..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....eave to appeal. 3. Mr. Md Fazlul Karim, learned Counsel appearing on behalf of the petitioner, submits that dispensation of service of notices upon respondent Nos. 2 to 5 is contrary to the provision of section 29 of the Local Government (Union Parishad) Ordinance, 1983. It is submitted t......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....ent of your shares held in International Finance Investment and Commerce Bank Ltd, and the shortfall, if any shall be recoverable as government dues under public Demands Recovery Act, 1913 as per the provision of section 17(5) of the Bank Company Act 1991 (as amended upto 1997). However, you may...... show cause notice on the face of it do not attract the mischief of section 17, a notice under section 17 can certainly be challenged in the writ jurisdiction and declared to have been issued without lawful authority and to be of no legal effect. That is the only scope of intervention with a notice ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....votes while the election-petitioner got the second highest vote i.e. 55,437. The election in different polling centres suffered from various illegal and corrupt practices and non-compliance of the provisions of the Order and the rules framed thereunder. Opposite party No. 14 Abdul Mannan, Superi......ection result of all the polling centres under Pirojpur and Indurkani PS was manipulated. The polling at Gabgachhiya Government Primary School Polling Centre not having been held in accordance with law, the polling was void as a whole and a fresh poll was necessary to be called for in those two p..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... District Judge acts as a persona designata and not a court. (2) The order of the District Judge not being strictly in terms of the Trust deed, could it be defended or challenged by invoking the provisions of section 73/74 of the Trust Act and so revisable under section 115 of the Code of Civil......t, the appeal is allowed; the judgments of the learned Single Judge and that of the District Judge are set aside and 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 (S..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....rranged and old ward No. 1 had been re-numbered as ward No. 2. Secondly, if, due to such erroneous impression a wrong number was given in his nomination paper, the appellant should, in view of the provisions in proviso (ii) of rule 16(3), have been asked to remove the defect which, according to ......16(3), have been asked to remove the defect which, according to him, was not of a substantial nature. In rejecting the appellant’s nomination paper in violation of the aforesaid provision of law, the respondent No. 3’s action has become tainted with illegality. The rejection of his a..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....withdrawal.” 7. The question therefore is whether the High Court was justified in making the aforesaid observations as to the criteria set out by it. We find no warrant in the provisions of the Code that the Magistrate while according consent to withdraw from the prosecution......hy;desh, High Court Division in Criminal Revision Nos. 235 and 236 of 1973). Judgment Kemaluddin Hossain J.- These two appeals are heard analogously as a common question of law is involved in them. The question involved in these appeals is covered by the decision given by..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....own that the occurrence which rendered the contract incapable of 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 cla......e the fishing operation in the said fisheries and they incurred a loss of Rs. 84,127/13 which they actually spent and also Rs. 30,000/- as the estimated profit. Thus the appellants are entitled in law and equity to recover a sum of Rs. 1,08,127/13 from the respondent as compensation for the loss..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. ......ion is that the learned Judge failed to appreciate the limited scope of interference with the order of the Munsif passed under Order I rule 10 of the Code of Civil Procedure and committed an error of law in practically deciding the main issues of the suit while exercising the power under section 115..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....hedule thereto, the suit were exclusively triable by a Conciliation Court constituted under the said Ordinance. And as such the suits were incompetent. It was also submitted that having regard to the provisions of section 23 of the Small Causes Courts Act, the learned Small Cause Court Judge committ......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)
....e of power under section 151 of the Code by the Court. Section 151 preserves the inherent power of the Court to make such order as may be necessary for the ends of justice. It may be noted that (he provisions of the Code are generally meant to serve the ends of justice but in their very nature t...... 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)
.... Law Regulation No. VII of 1977), which I will call the Regulation, the aforesaid petitions have abated. 4. As the learned Counsel for the petitioner made submissions on the entire provisions contained in the Regulation, it is quoted below in full: "Whereas it is......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)
....hat it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi......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)
....Act, 2000 (XX of 2000), section 8 Provision invoking Article 136 of the Constitution has been made for creation, amalgamation and unification if any such posts but has only provided certain provision for transfer of First and Second Class Officer (Non-Cadre) in their respective category ......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
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