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Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......must not reject a nomination paper on the ground of any defect which is not of substantial nature, on the contrary he must allow such defect to be remedied forthwith. Without entering into the question whether the omission to mention the correct number of ware on the nomination paper was a ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... of Bangladesh, 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 decis......ssible or probable grounds. It is therefore not possible to lay down before hand any rigid standard of what could or could not be possible ground for withdrawal and they will depend always on the facts and circumstances of each case, but the grounds must be relatable to the reasons for ..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......r level nor there was water logging in the fisheries concerned due to placing of bunds either at Kamail Kara or at any other point as Ramail Kara was not the only water outlet from the fisheries in question to the Telikhal nor that the water from the fisheries concerned flowed down Ramail K......ellants when admittedly they incurred loss. 6. The learned counsel for the respondent founds it difficult to repudiate that the Irrigation Department is not a component of the respondent. In facts and circumstances of the case refusal of compensation by the course below to the appellants c..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. ......On perusal of the judgment of the Single Judge out of which the present appeal arises, it appears that the grievance of the appellant in genuine. The learned Judge practically decided some of the questions involved in the suit. The learned Munsif while considering the merit of the application ......ir of defendant No.1 and he is in possession of the house and paid rent of the suit land and Municipal Tax of the house. So the petitioner is highly interested person in this suit. In the above facts and circumstances, we cannot discard the petitioner's claim without giving him chance to p..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....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. ......nt. 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 committed an error in having gone into the complicated question of title which was involved in the suit. The further contention raised before the High Cour......dinance, that the general jurisdiction of a Civil Court is not affected under such circumstances. In that view of the matter we do not think that the learned Judge was wrong in his view that in the facts of this case the learned Small Cause Court Judge had the necessary jurisdiction to try the sui..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......n affidavit in opposition was, however, filed by one Mr. Nurul Huda, a constituted Attorney of the respondent Abani on 30-10-70 denying the death of Respondent Abani, and stating that there was no question of abatement of the appeal and as such there was no necessity for substitution of the heir...... abatement as contended by Mr. Moinul Huq, there is no escape from the finding that the said order was passed on the basis of a false affidavit and a false certificate of death. In view of the facts and circumstances of the case, even if there were an alternative remedy, it would not bar th..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......n No. 171 of 1977 arises from the judgment and order of the Division Bench of the High Court passed in Writ Petition No. 82 of 1977 on June 21, 1977, discharging the Rule on the ground that as the question whether the properly involved was abandoned property within meaning of the Aband......d was abandoned property within meaning of the Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) required the determination of disputed questions of facts, it could not be resolved on the affidavits filed by the parties. 2. Civil Petition No..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ...... merely words in banking parlance. The reply of the Bank with the words "refer to drawer" mean and indicate that the bank is unable to honour the cheque as there is shortage of fund in the account in question.………………………….(13 & 14) The Negotiable Instruments Act, 1881 (Act N......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 138
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ...... J.- This petition for leave to appeal is directed against the judgment and order dated 8-5-2007 passed by the High Court Division in Writ Petition No.7427 of 2006 discharging the Rule. 2. Short facts are that the writ petitioner as Chairman of the Managing Committee of Sankarkati Khaddiza Girl..Category: Civil Law | Date: | Hits: 111
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. ......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. ......ojpur in Criminal Revision No. 130 of 1999 affirming the order dated 4-11-1999 passed by 1st Class Magistrate Perojpur in GR Case No. 208 of 1998 discharging the accused petitioner. 2. Brief facts are that the respondent No. 2, as informant, lodged FIR before Nazirpur Police Station stati..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......ditions of the service which are amenable within the jurisdiction of the Administrative Tribunal ousting the writ jurisdiction of the High Court Division, inasmuch as no disputed question of fact as sought to be raised by the writ petitioner could be resolved by the High Court......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ...... can be tried under the said Rules. Neither the Emergency Power Ordinance nor the Rules created those offences. Section 385 has been brought under rule 14 only for the purpose of trial. Therefore the question of violation of Article 35(1) of the Constitution does not arise………………………......ding in the Court of Metropolitan Sessions Judge Dhaka (arising out of General Register Case No. 489 of 2007, corresponding to Gulshan Police Station Case 34(6) of 2007 dated 13-6-2007), 2. The facts, in short, are that the respondent No. 1 as petitioner filed Writ Petition No.6576 of 2007 bef..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......sion is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in the affirmative, decide the question of possible injury to public interest which may result from the disclosure of such documen......of 2003 should come up in the list for hearing on 16-6-2003. 2.The facts, in short, are that the respondents filed the present writ petition impugning the non-appoin..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ...... the learned Advocate of the petitioner and perused the impugned judgment and order of the High Court Division as well as the judgment and order of the Court below. 8. Having regard to the facts, circumstances and the material evidence on record, it appears that the learned Judges of the..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......1 of 1993 refusing to treat the counter-claim filed by the defendant in the above suit as a plaint in the cross suit after the withdrawal of the above money suit by the plaintiff. 2. Brief facts are that the respondent, as plaintiff, filed the above money suit claiming decree for Ta..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......n J.- This appeal by leave is directed against the judgment and order dated 28-7-1999 passed by the High Court Division in Writ Petition No. 510 of 1993 making the Rule absolute. 2. Short facts are that the petitioner being a wholesale dealer intended to import skimmed milk powder and h..Category: Fiscal/Taxation Law | Date: | Hits: 75
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......ty repeatedly rejected the prayer of respondent No. 1 to release .28 acres of land from acquisition, the High Court Division was not justified in directing the acquiring body to release the land in question…………….(6) Lawyers Involved: Rokonuddin Ma......here is a resentment among the dock sramiks for not constructing; this road and for not completing the project. 6. At it appears, the High Court Division, without considering the above facts at all, made the Rule absolute. The appellant No.1 having paid the full amount of compensati..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......he writ petition and paid for the aforesaid 5 items out of 14 items of the 5th call of tender and having taken delivery of them without any objection, was estopped from filing the writ petition in question and the Rule issued therein was therefore liable to be discharged summarily. It is also ar......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......ivision failed to consider these provisions in their proper perspective and if wrongly concluded that Rule 11(3) of the Emergency Power Rules, 2007 is not applicable in this case. 11. The precise question that has been posed before us is, whether Rule 11(3) of the Emergency Powers Rules, 2007 de......for leave to appeal No. 47 of 2008 challenging the order dated 13-12-2007 passed by the High Court Division in Criminal Appeal No. 4843 of 2007 granting bail to the respondent No. 2. 4. The short facts in Criminal Appeal No. 5 of 2008 are that Mir Md. Nasiruddin, a former State Minister for Civi..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......e. But the Court may compare the disputed signature or handwriting with the proved or admittedly genuine signature of the person who purported to have signed or written. 11. The next question is, whether the learned Single Judge of the High Court Division acted contrary to law and ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
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