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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. ......owered committee headed by an Additional Secretary to the Government and the decision of the Government in this regard was duly approved by the Board of Directors of the T. C. B. 10. In view of the discussion above, we are of the view that the writ petitioners were not discharged on t..Category: Labour and Industrial Law | Date: | Hits: 80
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......that there is no legal evidence. In the instant case the learned Advocate-on-Record failed to make out any case before us to hold that the instant case has got no legal evidence. 7. In such view of the matter we are of the view that the High Court Division did not commit any illegality i..Category: Criminal Law | Date: | Hits: 45
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. ......mpromise petition on 15.10.97 promising to treat her well and not a make any illegal demand from her and also agreed that he would take the informant and the baby daughter to his house and in view of above compromise, the informant withdrew to his house and in view of above compromise, the ..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. ......he High Court Division illegally attached much importance to the said dying declaration as such there has been a gross failure of justice in maintaining the order of conviction. 11. In view of the above submission made by the learned Advocate and in the facts and circumstance of the..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
.... that the appellant is entitled to be requited of the charge leveled against him and as such the impugned judgment of the High Court Division affirming the judgment of the learned Sessions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accu......hy;ment and thereafter he was produced on 23.03.1991 and on refusal he was again produced on 25.03.1991 when the confessional statement was recorded his thumb impression was taken and in such view of the matter, we are of the view that the confessional statement Exhibit-3 was not vol&s..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. ......g illegal goods by the petitioner. Mr. Nawab Ali, next submits that the pertinent question as to whether the goods were contraband or not were not considered by the High Court Division and in that view of the matter the judgment and order passed by the High Court Division can not be sustained. M..Category: Criminal Law | Date: | Hits: 29
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......d shadow of doubt the order of acquittal of the accused cannot be legally assailed. The High Court Division therefore, according to us, did not commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal a..Category: Criminal Law | Date: | Hits: 29
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
.... 2-5 corroborating the evidence of D.W.1 as to possession of the suit land by the defendant leave petitioner the High Court Division erred in affirming the finding of the Courts below erroneously on the basis that the same was concurrent finding on facts." 5. We have ......No.1 move the High Court Division in revisional jurisdiction and the High Court Division discharged the Rule. Leave was granted on the following grounds: - i. "Because in view of the provisions of section 54 of the Transfer of Property Act and presumption available und..Category: Property Law | Date: | Hits: 35
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. ......dant Court observed that no record of right has been filed by the plaintiff and that the information slip filed in Court has not been proved by competent witness. The trial Court also expressed the view that had the land gifted in 1958 recorded of right prepared subsequent thereto would have cer..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. ......o show that the writ petitioner respondents were retired by the Board in exercise of the power of compulsory retirement under section 9 of the Public Servants (retirement) Act and in view of the fact that such an order of compulsory retirement could only be passed by the Governmen..Category: Property Law | Date: | Hits: 32
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......ereupon held that neither Jaridudin for his heirs were the owners of the suit land but Faizuddin and Rafatullah were the actual owner" of the land in suit. The appellate Court was of the view that the learned Munsif decreed the suit without taking into consideration those 2 documents a..Category: Property Law | Date: | Hits: 35
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. ......and the plaintiff purchased the suit property at a time when the same was abandoned properly and such transfer is hit by Article 6 of P.O. 16 of 1972. 11. In the circumstances, we are of the view that the High Court Division committed an error of law in holding that the suit property is n..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. ......rovisions of section 25(1),(2)(3) and section 30(1) of the Act." 11. The High Court Division, in the case of Sew Bishar Prasad vs. Collector of Customs 54 DLR 173, also took similar view. 12. Further the terms of section 30A of Customs Act, which was incorporated in the Cus..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......nfined the challenge only to the authority of the Managing Director who passed the impugned order. 4. The Administrative Tribunal set aside the order of compulsory retirement upon taking the view that the General Manager of the Bank passed the order of compulsory retirement but it was not..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......ndings of the court of appeal below regarding the nature of dakhilas are based on proper examination and assessment of the dakhilas. Moreover, a riyat is not supposed to have printed dakhilas. The view of the trial court and the High Court Division that the registered kabalas of the years 1944, ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... against the order of dismissal lies in the Administrative Tribunal and therefore the suit is impliedly barred under section 9 of the Code of Civil Procedure. The trial court upon taking a lenient view of the matter and in the interest of justice decided that to enable the respondents to obtain ..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......il1 0, 2004. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Mvi. Md. Wahidullah, Advocate--on-Record- For the Respondents Civil Review Petition No. 21 of 2003. Judgment: &n..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....ound to be genuine or remained unrebutted, as in the instant case. 13. In the background of the discussions made hereinabove we are of the opinion that the judgment of the AAT was made upon erroneous view of the materials on record and without taking into consideration the basic fact that......o appreciate that the cancellation of the appointment of the respondent in the public interest was fully explained and justified by the Government before the AT, that the AAT has taken a technical view of the matter and that the AAT committed a grave error of law in not approaching the subject m..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......ld to the highest bidder in open auction, the High Court Division erred in holding : "It is not understood why the plaintiff would go for participating in auction to purchase suit property in view of the promise given by Government to the plaintiff to sell the property on the valuation fixe..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......ent to show that in fact in April, 1969 he went to India for this purpose. Moreover a man of ordinary prudence would not wait for long 20 years from 1949 to 1969 to institute the suit specially in view of the fact that after coming to Bangladesh he did not get possession and title deeds of 'Kha'..Category: Property Law | Date: | Hits: 32
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