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Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......after holding thorough investigation submitted final report against the petitioners and that in such view of the matter the learned courts below acted illegally in not considering the point of law that this case does not come within the purview of the Ain as the ingredients of sections 9(kh..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lement of being promoted to the post of Section Officer. 11. The learned Advocate-on-record for the Appellants submits that the High Court Division was in error in holding that there is no provision in the Service Regulation that while an employee is under suspension or that there is adv......s. Md. Nazir Ahmed and another...................Respondents Judgment March 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....n the facts and circumstances of the case, the High Court Division must be deemed to have inherent power to do right and to undo wrong in the administration of justice as in the absence of express provision of law the High Court Division was not rendered powerless to do justice and to redress a ......and circumstances of the case, the High Court Division must be deemed to have inherent power to do right and to undo wrong in the administration of justice as in the absence of express provision of law the High Court Division was not rendered powerless to do justice and to redress a wrong. Accord..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
.... Chokoria Police Station Case No. 6 dated 07.09.1995 under Section 5 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 hereinafter referred to as the Ordinance. Under the provision of aforesaid ordinance, the Special Tribunal constituted under the Special Powers Act, 19...... appearing on behalf of the petitioner referring to section 29 of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995, hereinafter referred to as the Act submits that under the aforesaid provision of law, the case against the petitioner cannot be tried by the Special Tribunal under the Ordinance in ..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....ears at the time of trial. Excepting this point Mr. Idrisur Rahman, the learned Counsel for the petitioner did not argue any other point before us. We find that in view of the aforesaid legal provision, the High Court Division has not committed any illegality and as such we do not find that......n 4 of the Children's Act, 1974. 7. Section 6(1) of the said, at reads as follows: "6. (1) Notwithstanding anything contained in section 239 of the Code or any other law for the time being in force, no child shall be charged with, or tried for, any off..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
.... Counsel appearing for the petitioner, placed before us the impugned judgment of the High Court Division and other materials on record and thereafter he submitted that in view of the provisions of Section 516A read with Section 517(4) of the Code the Criminal Procedure and the fact......her period of 6 (six) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....ivision in Writ Petition No. 536 of 2003 making the Rule absolute declaring acceptance of the nomination paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2....... April, 2003 passed by the High Court Division in Writ Petition No. 536 of 2003 making the Rule absolute declaring acceptance of the nomination paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....petent authority of the appellants in order to ascertain the wrong entry in the service book of the respondent No.2. and on the basis of the report, the higher scale of pay was canceled as per provision of section 21 of the General Clauses Act and it was established that the respondent No.2 ......to the rank of Tug Master on 1-8-1978; they were transferred respectively to Tug Boat No. 6 and M.L. Lila, that the said vessels do not fall within the category of B-Type vessel as per marine law. The Appellants, further case was that respondent Nos.2 and 3 can not get the pay scale of..Category: Employment/Service Law | Date: | Hits: 55
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ...... testator as mentioned above. This Division while allowing the appeal i. e. Civil Appeal No.151 of 2000 observed "although there is a will but unless and until it is proved in accordance with law, on the face of objection raised by any interested party (herein the appellant) a Probate ..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......t was contested by the defendant Nos. 1, 11 and 12 by filing joint written statement denying the material averments made in the plaint and stating, inter alia, that Jatinadra was the father in law of defendant No.1 and she got 11 1/2 bighas of land from her father in law on the basis of unr..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....nt was found by the High Court Division to be devoid of substance and in view of such facts and circumstance the rule was discharged. 9. To appreciate the submissions let us examine the provisions of Order 41 Rule 16 of the Code of Civil Procedure which runs as follows. &l......ant discharged the rule by the impugned Judgment and order. Hence is this appeal. 4. Leave was granted to consider the submissions that the learned District Judge committed an error of law of order 41 Rule 16 of the Code the Civil Procedure in dismissing the appeal for default on 18..Category: Procedural Law | Date: | Hits: 70
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. ......terials on record, made the Rules absolute declaring the aforesaid memo dated 18.09.2002 communicated to the writ petitioners on 19.09.2002 discharging them from service as illegal and without lawful authority. 5. Leave was granted to consider the submission that the TCB felt constra..Category: Labour and Industrial Law | Date: | Hits: 80
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......risonment for four years and pay fine of TK.5000/- in default, to suffer rigorous imprisonment for 6 (six) months more and the petitioner Kamala though was convicted under the same section of law, but was sentenced to suffer simple imprisonment for 6 (six) months and pay fine of TK.3..Category: Criminal Law | Date: | Hits: 27
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. ......mitted offence under section 4 of the Dowry Prohibition Act, 1980 and regarding non-examination of the any other neighboring or independent witness, the High Court Division took the view that law does not require that independent witnesses are necessary to prove the allegation against ..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
....yer for bail, Mr. Gaffar has submitted that the petitioner No.1 voluntarily surrendered on 9.10.96 and since then he is in custody and was never granted bail by any court and in terms of provision of section 34A of the Code of Criminal Procedure as amended, since the petitioner No. 1 h...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....side. The High Court Division erred in law in relying upon the only evidence of interested witnesses in this case. Moreover, the so-called dying declaration was not recorded in accordance with the provisions of the Evidence Act and the High Court Division illegally attached much importance to th...... passed by a Division Bench of the High Court Division in Death Reference No.22 of 1994 heard analogously with Criminal Appeal Nos. 2218, 2286, 2446 and 2532 of 1994 since a common question of law upon similar facts arose between the same parties. 2. The short facts, leading to this ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......d that at night the informant slept with his two sons and woke up in following morning, took breakfast along with his two sons and after breakfast sent his younger son Raihan to his father in law's house with some used cloths for washing and went to school leaving his eldest son Tauhidur Ra..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....sion without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for this notice in Form No. 10 should have been issued as per provisions, but without issuing it, the case was heard with non-appearance of the petitioner's law......r the judgment and order passed by the High Court Division can not be sustained. Mr. Nawab Ali lastly submits that this case was heard by the High Court Division without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for ..Category: Criminal Law | Date: | Hits: 29
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....nd the appellate Court decreed the suit. 6. Leave was granted to consider the contentions that the property in question being non-retainable land of the Zamindar having stood acquired as per provision of Section 20(2) of the State Acquisition and Tenancy Act, 1950 and that as the property ......led to prove his title and possession in the land in suit and that the suit was a malafide one and the said finding having not been reversed by the appellate Court, the High Court Division erred in law in decreeing the suit, that the trial court having disbelieved the alleged deed of gift and the..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
.... compelling them to go on leave preparatory to retirement (Annexure-A series to the writ petitions) before superannuating and also for a direction upon the writ respondents to comply with the provision of Section 35 of the Board of Intermediate and Secondary Education Ordinance, 1961 in re......on of Section 35 of the Board of Intermediate and Secondary Education Ordinance, 1961 in respect of the term of their retirement from the service. The Writ Petitions arising out of common fact and law, High Court Division disposed of the same by a common judgment. 2. The leave petitions ..Category: Property Law | Date: | Hits: 32
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