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Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ion as enumerated in section 12 of the Ordinance that is "where any proceedings have been initiated for the removal of the Chairman under section 12 or where any criminal proceedings under any law have been started against such Chairman or where on an enquiry by the Government, he is found ..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ...... a long ordeal at different stages of the suit and on the same principle the word 'may' can not be read as 'shall'. 8. The High Court Division in the instant case considered the principle of law and did not find favour with the petitioner. The proposition in the case of Aftab Ahmed Vs. Moi..Category: Property Law | Date: | Hits: 34
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......Criminal Procedure and the High Court Division allowed transfer of the case from Barisal to Khulna. 5. Leave was granted to consider the submission that the High Court Division erred in law in failing to consider the ingredients of Section 526(4)(d) and (e) of the Code of Criminal Pro..Category: Criminal Law | Date: | Hits: 41
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
.......
10. As it appears in the case of Bhuban Mohan Koley vs. Narendra Nath Konwar 35 CWN 478, it was held as follows:-
"Dr. Mukherji seems to proceed on an assumption which is not justified by law that the shebaits have some sort of vested interest in the debutter property of which they canno..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......rvation and finding the High Court Division discharged the Rule. 9. Leave was granted for consideration of the submission that Bangladesh Biman Corporation had no power under the law to retire the appellant compulsorily from service on completion of 25 (twenty five) years of se..Category: Employment/Service Law | Date: | Hits: 79
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......ce under the said offence. 5. Mr. Habibul Islam Bhuiyan, learned Counsel, appearing for the petitioner submits that the learned Single Judge of the High Court Division fell into a serious error of law in dismissing the appeal without considering the defence case that the appellant deposited the..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......f the proceeding of Complaint Case No. 520(1) of 1995 amounts to an abuse of the process of the Court. 5. The High Court Division discharged the Rule upon observing "An analysis of the different laws regarding the meaning of the term "Court" and the opinion of authors on the subject makes it cl..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......rsons and the confession so made is proved voluntary and true, the Court may take into consideration such confession as against other accuseds as well as the accused who has made such confession. The law is now settled that confession of an accused can be used against the non-confessing accused in f..Category: Criminal Law | Date: | Hits: 63
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......resulting in the disposal of the revisional case in the absence of the appellant and without his knowledge. 3. Leave was also granted to consider whether the trial Court ignored the provision of law in holding that limitation would start from the date when the fact of registration was entered..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......y to a contract with the Upazila Parishad and his pecuniary interest had continued at the time when he contested the election and continued after the election. As such he comes within the mischief of law as a disqualified person. Cases Referred to— Md. Mostafa Hossain Vs. Md. Faruque and an..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......peal below, having noticed such finding, did not disapprove of the same, the finding on such issue was concurrent finding of fact and that the learned Single Judge of the High Court Division erred in law by interfering with such finding in revisional jurisdiction without any consideration of the evi..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......een made a disqualification to be elected or to be nominated to the election of a Chairman of Union Parishad. Failure to pay any instalment makes the borrower defaulter in payment of the loan and the law says such person is disqualified for holding office of the Chairman………………..(15 &..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ...... In the circumstances the assessee agreed to hand over its assets to WAPDA at aforesaid value." 6. The Tribunal considered that the property of the assessee company "was not acquired under the law of Acquisition". Then the Tribunal recorded the following observation: "Sale in section 10(2)..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......at the Executing Court had granted the certificate of satisfaction in the Execution Case at all. 7. Leave was granted to consider whether the view taken by the High Court Division was justified in law and fact. 8. Mr. Asrarul Hossain, learned counsel for the appellant, placed the terms of the ..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......ibunal other than the administrative tribunal in respect of any matter falling within the jurisdiction of the administrative tribunal the First Labour Court's order dated 3.11.88 was passed without lawful authority and was of no legal effect. 5. Leave was granted to consider whether the non-tra..Category: Labour and Industrial Law | Date: | Hits: 111
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... however, convicted the appellant. 3. The learned Counsel appearing for the appellant submits that the evidence has not substantiated the prosecution case and as such the conviction is bad in law. 4. The learned Counsel also informed us that the appellant is dead. His heir has, however, ..Category: Anti-Corruption Laws | Date: | Hits: 125
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......rial Union Parishad and Kalashkati Union Parishad. 7. It appears that the respondent mainly relied on the aforesaid report and order of the Election Commission to show that he was also a victim of lawlessness and violence created by armed miscreants on the date of filing of nomination paper at th..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......the defendants also) the decision will turn only on one question, namely, whether the acquisition of the plaintiffs' land was illegal for want of proper service of notices as required under the law. Accordingly leave was granted to consider whether the High Court Division has correctly decid..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......86 (Annexure 'E' to the Writ Petition) insofar as it relates to the appellant's house, at serial No. 41 under the heading 'Motijheel Commercial Area' shall not be declared to have been passed without lawful authority and be of no legal effect. 3. The appellant suited in her petition that she purc..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......f the plaintiffs case that the suit premises is a departmental quarter earmarked for judicial officer." In this view of the matter the learned single Judge concluded that there being no valid and lawful order of allotment in favour of plaintiff No. 1 and no legal right had inured in his favour g..Category: Property Law | Date: | Hits: 30
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