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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. ......ount by selling of his paternal property. 4. It appears that the Special Judge considering the evidence on record found that the accused was guilty of the offence charged with but took a lenient view in passing sentence of six months, imprisonment under section 5(2) of the Prevention of Corrupt..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. ......ding. Therefore, a Revenue Officer when dealing with a mutation proceedings does not constitute Revenue Court within the wider meaning of section 195(2) of the Code of Criminal Procedure. ........Our view is that a Revenue Court within the meaning of section 195(1)(c) of the Code of Criminal Procedu..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. ......ons who are said to have participated in the commission of dacoity in the house of the father of PW 1. The High Court Division in the background of the aforesaid state of the matter observed "In that view of the-matter, we find that there are sufficient evidence on record to link the accused persons..Category: Criminal Law | Date: | Hits: 63
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......gift. Being a member of the Hindu Community by the alleged gift petitioner's vendor acquired no title in the suit property. So her vendor Guru Dasi Dey had nothing to transfer to the petitioner. In view of that, we find no merit in the Rule." 7. We have heard the learned Counsel and p..Category: Property Law | Date: | Hits: 31
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. ......earned Single Judge of the High Court Division, Dhaka set aside the lower appellate Court's judgment in the absence of the pre-emptee appellant in Civil Revision Case No.616 of 1984 on 16.5.85. A Review Petition was also dismissed on 28.7.85. 2. Leave was granted to the pre-emptor appellant to ..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.......as partner and he secured his contract on such representation. Further, it was found that the respondent did not get release from the contractual obligation by the Upazila Administration. In this view of the matter it was held that respondent No.1 was disqualified from being a candidate and, acc..Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....was not disqualified for election of Chairman under section 7(2)(g) of Ordinance No. 41 of 1983. The learned Counsel for the petitioner has contended that the view taken by the High Court Division is erroneous and that the High Court Division ought to have held that the word 'loan' in section 7(2)(g......ourt Division held that respondent No. 1 was not disqualified for election of Chairman under section 7(2)(g) of Ordinance No. 41 of 1983. The learned Counsel for the petitioner has contended that the view taken by the High Court Division is erroneous and that the High Court Division ought to have he..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. ......noticed that the Assessee Company never challenged the transaction on the ground that it was "a transaction under involuntary circumstances and as such was voidable in its nature". Therefore, the view was taken that such question cannot be considered in this proceeding. Having considered this pr..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ...... will change the character of the proceeding or operate prejudicially against the respondent. The learned Judges have observed: "The alteration of the basis of the claim or of the pleading, in our view, has assumed a complexion wholly different from the original cause of action." Reliance was ..Category: Procedural Law | Date: | Hits: 84
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. ...... of the suit and that it could not be said factually that 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, lear..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. ......on held that as the Corporation's order of transfer was a matter relating to terms and conditions of the employee's service the Administrative Tribunal had exclusive jurisdiction in the matter in view of section 4 of the Administrative Tribunal Act, 1980, and, further, in view of clause (2) of A..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....ing to the appellants, notice was given under 5(1) which was dated 14.12.60(vide paper book Part II page 3) but the Additional District Judge referred to the said notice as dated 21.6.60 (obviously erroneously) which is the dale of the requisition notice and this error has crept into the judgment ......ing Mr. Mirza Golam Hafez who was the Minister-in-Charge of the Ministry of Land Administration and Land Reforms. After a detailed discussion of facts and law involved in the matter, he came to the view that there had been no legal or valid acquisition of the suit property as no notice under secti..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......e involving an offence punishable with sentence of imprisonment exceeding one year is clearly barred and the case was remitted to the High Court Division. There is no reason to take a different view in the present case also and, accordingly, the appeal must be allowed. It is of some satisfacti..Category: Criminal Law | Date: | Hits: 40
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. ......peal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ...... appears to have acted within its jurisdiction under Rule 70 of the Union Parishads (Election) Rules, 1983 and directed for re-election in this case. In the facts and circumstances of the case and in view of this Court's decision dated 19th February, 1989 in Civil Appeal Nos.40, 38 and 29 of 1988 ..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......nifies their intention to achieve something indirectly, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by Sye..Category: Property Law | Date: | Hits: 32
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. ......d- “Therefore, it appears to me that there is no reliable evidence in support of 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 ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
...., expenses incurred by the defendants "without considering that if a market is constructed the entire educational atmosphere of the school will be destroyed as such the High Court's decision is erroneous in this regard and the High Court Division without proper application of mind erred in sum......construction of the super market and it is also in active consideration of the government that under no circumstances the educational environment will be allowed to be destroyed or disturbed. In this view of the matter judicial intervention is not required when the administration takes preventive, r..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......ction 23 of the Local Government (Upazila Parishad and Upazila Administration Re-Organization) Ordinance, 1982. The learned Counsel for respondent No. 1 in C.A. No. 40 of 1989 has contended that in view of the decision reported in 38 DLR (AD) 172 and clear provision of section 24 of the Code of Ci..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74....... parte decree as mentioned therein exists or does not exist. He cannot draw upon inherent power while acting under a specific provision of the Act governing the disposal of the case. Therefore, the view taken by the learned Judge of the High Court Division is correct and it could not be said that ..Category: Procedural Law | Date: | Hits: 88
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