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Abul Hashem Vs. State, 2006, 35 CLC (AD)
....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ...... appearing on behalf of the petitioner referring to section 29 of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995, hereinafter referred to as the Act submits that under the aforesaid provision of law, the case against the petitioner cannot be tried by the Special Tribunal under the Ordinance in ..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......n 4 of the Children's Act, 1974. 7. Section 6(1) of the said, at reads as follows: "6. (1) Notwithstanding anything contained in section 239 of the Code or any other law for the time being in force, no child shall be charged with, or tried for, any off..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......her period of 6 (six) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ...... April, 2003 passed by the High Court Division in Writ Petition No. 536 of 2003 making the Rule absolute declaring acceptance of the nomination paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......to the rank of Tug Master on 1-8-1978; they were transferred respectively to Tug Boat No. 6 and M.L. Lila, that the said vessels do not fall within the category of B-Type vessel as per marine law. The Appellants, further case was that respondent Nos.2 and 3 can not get the pay scale of..Category: Employment/Service Law | Date: | Hits: 55
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ...... testator as mentioned above. This Division while allowing the appeal i. e. Civil Appeal No.151 of 2000 observed "although there is a will but unless and until it is proved in accordance with law, on the face of objection raised by any interested party (herein the appellant) a Probate ..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......t was contested by the defendant Nos. 1, 11 and 12 by filing joint written statement denying the material averments made in the plaint and stating, inter alia, that Jatinadra was the father in law of defendant No.1 and she got 11 1/2 bighas of land from her father in law on the basis of unr..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......ant discharged the rule by the impugned Judgment and order. Hence is this appeal. 4. Leave was granted to consider the submissions that the learned District Judge committed an error of law of order 41 Rule 16 of the Code the Civil Procedure in dismissing the appeal for default on 18..Category: Procedural Law | Date: | Hits: 70
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......terials on record, made the Rules absolute declaring the aforesaid memo dated 18.09.2002 communicated to the writ petitioners on 19.09.2002 discharging them from service as illegal and without lawful authority. 5. Leave was granted to consider the submission that the TCB felt constra..Category: Labour and Industrial Law | Date: | Hits: 80
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......risonment for four years and pay fine of TK.5000/- in default, to suffer rigorous imprisonment for 6 (six) months more and the petitioner Kamala though was convicted under the same section of law, but was sentenced to suffer simple imprisonment for 6 (six) months and pay fine of TK.3..Category: Criminal Law | Date: | Hits: 27
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......mitted offence under section 4 of the Dowry Prohibition Act, 1980 and regarding non-examination of the any other neighboring or independent witness, the High Court Division took the view that law does not require that independent witnesses are necessary to prove the allegation against ..Category: Criminal Law | Date: | Hits: 38
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ...... passed by a Division Bench of the High Court Division in Death Reference No.22 of 1994 heard analogously with Criminal Appeal Nos. 2218, 2286, 2446 and 2532 of 1994 since a common question of law upon similar facts arose between the same parties. 2. The short facts, leading to this ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......d that at night the informant slept with his two sons and woke up in following morning, took breakfast along with his two sons and after breakfast sent his younger son Raihan to his father in law's house with some used cloths for washing and went to school leaving his eldest son Tauhidur Ra..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......r the judgment and order passed by the High Court Division can not be sustained. Mr. Nawab Ali lastly submits that this case was heard by the High Court Division without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for ..Category: Criminal Law | Date: | Hits: 29
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......led to prove his title and possession in the land in suit and that the suit was a malafide one and the said finding having not been reversed by the appellate Court, the High Court Division erred in law in decreeing the suit, that the trial court having disbelieved the alleged deed of gift and the..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......on of Section 35 of the Board of Intermediate and Secondary Education Ordinance, 1961 in respect of the term of their retirement from the service. The Writ Petitions arising out of common fact and law, High Court Division disposed of the same by a common judgment. 2. The leave petitions ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....al land and that the land in suit has been alluviated after coming into operation of part V of the State Acquisition and Tenancy Act or that after promulgation of President's Order in 1972 and 1973 amending the provision of section 86 of the State Acquisition and Tenancy Act (SAT Act), that plai......that part of the land in suit is in the bed of the river but no such case was pleaded in the written statement and as such the evidence of the D.W.1 in that respect is not acceptable under the law, that D.W.1 did not substantiate his evidence that part of the land in suit is in the bed of t..Category: Property Law | Date: | Hits: 27
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......rence during the occurrence and was innocent and he was given magisterial power and acted in good faith in evicting the unauthorized occupations from T & T land and recovered possession as per law and that the respondent No.2 following the provision of Rule 7(2) of the Government Servants (D..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......r submissions is that whereabouts of Abdul Jalil were not known and he tailed to possess, supervise, manage and control the properly, and as such the same became abandoned property by operation of law. 8. He further submits that the plaintiffs lather purchased the suit property at a..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......ules were made absolute and the assessments of customs duties and other levies on the imported Hard Boards and MDF Boards on the basis of proportionate value were declared to have been made without lawful authority and of no legal effect and the writ respondents were also directed to return the b..Category: Fiscal/Taxation Law | Date: | Hits: 95
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