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Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......bsorbed as a surplus officer as Assistant Director in the N.S.I. It is also not disputed that under the N.S.I, the respondent was absorbed in an equivalent post and not in a higher post. So, in our view, there is no cogent reason to deprive the respondent from the benefit of his past service unde..Category: Administrative Law | Date: | Hits: 111
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......batement and accordingly convicted and sentenced him to suffer imprisonment for life. 23. Having regard to the facts and circumstances of the case and the materials on record, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a ..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......e plaintiff shall be entitled to realize interest at the rate of 12% per annum on the aforesaid amount from date till realization. 9. In the fact and circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon proper considera..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ters are self explanatory so the finding of the learned Member of the Administrative Tribunal that the A.T.Case No.93/92 filed by the petitioner was premature and not maintainable appears to be erroneous. 6. Before we part with the discussion, it will be pertinent to mention in thi......Tribunal, Dhaka dismissing Administrative Tribunal Case No. 93 of 1992. 2. The petitioner instituted the above case praying for declaration that the order of the rejection of petition for review dated 21.12.91 filed by him is illegal and void and also praying for his reinstatement in the ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......nst the Government functionaries, the lawyer who conducted the Title Suit No.860 of 1981 on behalf of the Government as well as regards the learned Judge who decreed the suit and that upon taking the view that the papers which were submitted by the defendant in support of his claim in the land in su..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......wdhury and others…….........Respondents Judgment February 23, 2003. The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Order XXVI, rule 4 Review is not a matter of rehearing the Appeal as appeal is a matter of right but review is not. No ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....sing the appeal without considering that the word review has been included in the aforesaid provision of law and, as such, the findings and decisions arrived at by the Administrative Tribunal being erroneous are liable to be set aside. He further contended that the High Court Division having......vice. 4. The appellant, being encouraged by the aforesaid order allowing the financial benefits to Mr Kobad Ali submitted an application before the Hon'ble President for review of his order dated 15-1-1997 by which the appellant was reinstated but the President rejected ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......ourt Division as it requires examination and cross-examination of the witnesses produced before the trial Court. It appears that the charge-sheet has been submitted against the petitioner in view of the decision in the case of Abdul Kader Chowdhury and others vs the State reported in 28 DL..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....of the High Court Division misconstrued the principle as laid down in the decisions as referred to in the impugned judgment and thereby the learned Judges misdirected themselves in arriving at their erroneous findings and decisions, which are liable to be set aside. 9. In elaborating his ab...... the respondent's Ph D to serve in Bangladesh. On receiving official recommendations from the late President Justice Abu Sayeed Chowdhury and Professor CW Page of the University of Bradford and in view of the respondent's contribution in the liberation movement, first class academic career and o..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... came up for consideration before this Division in the case of Siddique Ahmed Chowdhury and others vs Gani Ahmed and others reported in 33 DLR (AD) 1. (also reported in 1979 BSCR, 375) and after reviewing good number of cases, it has been observed, "On a review of the authorities cited abov..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... plaintiff and his maternal uncle Rahim Boksha Bepari took settlement in equal share 1 decimal of land as described in the schedule attached to the plaint. 7. The appellate Court was of the view that although CS khatian was prepared in the name of Rahim Boksha Bepari but about the same th..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
.... of the learned Magistrate. 13. Referring to the judgment of the High Court Division, the learned Counsel submits that the High Court Division also failed to appreciate the case properly and erroneously discharged the Rule, in fact, affirming the illegal orders of the courts below without ......as attended by Mr Shah ASM Kibria MP and a former Minister as Chief Guest and that after concluding the meeting while he along with aforesaid Mr Kibria was coming out some unknown miscreants with a view to commit murder threw a powerful grenade which being exploded aforesaid Mr Kibria along with ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ...... denied the same protection of the laws which is enjoyed by other persons and other classes, in the like circumstances." 29. The legislature while proceeding to make law with certain object in view of which is either to remove some evil or to confer some benefit has power to make classificati..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......ourt. We have also perused the evidence of PW 20 Binoy Bhusan Talukder, learned Magistrate who recorded his confessional statement. On perusal of the statement and evidence of PW 20, we are of the view that the aforesaid accused Zinnah Sardar made the statement voluntarily and from the circumsta..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......idence disbelieved the contention of the preemptee and it is noticed that the preemptee failed to produce any witness whatsoever in favour of his contention. 11. We are of the view that the trial Court on the basis of materials on record including evidence found that the pre..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... reasonable grounds for believing that the accused is not guilty of the offence." 13. From the impugned judgment it appears that the prosecution opposed prayer for bail and, as such, we are of the view that the High Court Division ought to have exercised the jurisdiction after being satisfied tha..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......amine him without offering any explanation for not examining him and that also not making any accusation against him, if considered, then the deduction that can logically be made, and that, in our view, the appellate Court quite correctly made, that the document is not a genuine one. In the afor..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....elevancy with the subject matter of the rules so framed. It appears that the High Court Division did not consider the materials on record in their proper perspective and accordingly, arrived at an erroneous decision which calls for an interference by this Court. The appeal is accordingly,......s are applicable to him, especially because the petitioner himself requested respondent No. 2 to accept him as a beneficiary of the said Pension Rules through an application dated 16-3-92. In that view of the matter, the question of applicability of the Service Regulations of respondent No. 1 to..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....and Rule 4 of the Electoral Rolls Rules 1982, the observation made in the judgment that "the preparation of the voter list would be made taking the existing voter list as major basis" is erroneous and contrary to law and that section 7 of the Ordinance, 1982 having not provided that th......t as to result of the appeal on modification of the judgment under appeal, but would like to add few lines in support of the judgment. 5. The moot point in the appeal was whether keeping in view the next parliamentary election or, in other words, for the ensuing parliamentary electio..Category: Election Law | Date: | Hits: 159
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