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Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......record to dislodge the findings of the courts below. 11. In this view of the matter we find that the judgment and order of conviction of the appellant cannot be interfered. 12. In the facts and circumstances we are however, of the view that the ends of justice would be met if the se..Category: Criminal Law | Date: | Hits: 31
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......oned which has been reported in the case of Abdul Quader Chowdhury vs. State. 28 DLR (AD) 38, which runs as follows: "12. (Sic)............................... A pertinent question may be posed as to when and under what circumstances the said jurisdiction can and s......ivision Bench of the High Court Division in Criminal Miscellaneous Case No. 6199 of 2003 rejecting summarily the application under Section 561A of the Code of Criminal Procedure. 2. The facts, in short are that on 22.04.1999 accused petitioner Zakir Hossain was found in possession of ..Category: Criminal Law | Date: | Hits: 55
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......p; The learned Counsel for respondent No.1 submitted that the Service Regulations of 1997 was enacted in pursuance of power granted to the Board under Article 27 of P.O. 10 of 1972. Therefore, the question of continuation of the delegation of power made in 1974 or application of section 24 of th......by leave is directed against the judgment and order dated 29.05.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 133 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner joined the service of Bangladesh Shipping Corporation (shortly B..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......e, (now Joint District Judge) in deciding the appeal arrived at a positive finding to the effect:- "-----Accordingly I am of the opinion that the learned Munsif totally misconceived the facts as well as related provisions of law to the present case and as such illegally dismisse..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......and beat them and their children and by force pushed them to the waiting buses and carried them to Kashimpur vagrant home and detained them against their will and the respondents circulated a questionnaire to the residents of Nimtali and Tanbazar to express their opinion as to how many...... This appeal by leave is directed against the judgment and order dated 14.03.2000 passed by the High Court Division in Writ Petition No. 2871 of 1999 making the rule absolute in part. 2. The facts, in brief, leading to the appeal are that the respondent, Bangladesh Secretary for the enforc..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......t did not pay the rent at enhanced rate, that three sons of the plaintiff are graduate but could not procure any employment and as such to provide these unemployed sons plaintiff requires the shop in question. It was also the case of the plaintiff that defendant without obtaining permission from him...... to an end. Secondly, the view of the appellant court that when the possessory right was transferred that does not debar the landlord from getting a decree for ejectment is wholly misconceived in the facts and circumstances of the case, it may be noted that the landlord is entitled to possession o..Category: Tenancy Law | Date: | Hits: 180
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......einbefore. It may be mentioned in the aforesaid case it was contended that the omission was only technical defect but the said contention was not accepted. Prior to the above case similar question came up for consideration before this Court in the case of Md. Arfan Ali Vs. Sonali Bank a......rbally to refrain from objectionable activities but he without paying any heed to the direction of the College authority continued his unauthorised activities and in the said background of the facts and circumstances the College authority served show cause notice on the plaintiff and he rep..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......al by leave is directed against the judgment and order dated 06.11.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 2999 of 1999 discharging the Rule. 2. Short facts are that the above writ petition was filed impugning the order of the respondent No.1 he..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......pondent and other co accused were very furious and started to threaten them again. Therefore the informant petitioner filed an application for cancellation of his bail stating all the relevant facts and grounds before the learned Chief Metropolitan Magistrate, Dhaka on 18.10.2001. Upon perus..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......bul Goni seeks leave to appeal against the judgment and order dated 21.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 2250 of 2002 discharging the rule. 2. The facts, in brief, are that the respondent No.2 Sheikh Liakat Ali lodged a petition of complaint befo..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......nt has been specifically implicated in the F.I.R and his over act and positive role are the real cause in commission of murder and under such situation the High Court Division has erred in law and facts in enlarging the respondent on bail. 5. It appears that 49 accused persons appeared be..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......ant had made out a case for interference by he Government under section 196B. 8. The argument as advanced before the High Court Division and as now advanced before us rotates round a central question, namely whether the appellant as deprived of an adequate opportunity to show cause before ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......ssion of the suit land by dispossessing the appellant while the appeal was pending. Furthermore, the appellant prayed for stay of operation of the impugned judgment and order and considering these facts the High Court Division made the rule absolute and directed the pre-emptor to hand over pos&s..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......affidavit-in-opposition contending, inter-alia, that the Board of Directors of RAKUB in the 263rd meeting did not approve the recommendation of the promotion committee and as such there was no question of implementing any decision and that the Ministry of Finance being the Bank's parent Mini...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......revision and a Division Bench of the High Court Division initially issued Rule but finally discharged the same on affirmance of the said order of the trial Court on the ground that the amendment in question would not help settle the real "controversy in issue whether the plaintiff was i......suit as a suit for recovery of possession under section 9 of the Specific Relief Act and rejected the prayer for amendment of the plaint. This is a glaring example of non-application of mind to the facts of the case by the learned Judges of the High Court Division. 9. Amendment of a pla..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......report was not admitted in evidence. In that state of the matter, the High Court Division was not justified in relying on the same and reversing the judgment of the trial Court. 13. In the facts and circumstances of the case and in view of the discussions made above, we are of the view t..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......to appeal is directed against the judgment and order dated 18-2-2004 passed by a Division Bench of the High Court Division in Writ Petition No. 3288 of 1999 discharging the Rule. 2. Short facts are that the respondent No. 2 filed Title Suit No. 112 of 1997 against the writ petitioner fo..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ...... the President in exercise or purported exercise of the powers derived from the law (which includes Rules), shall be deemed to have been validly made, done or taken and shall not be called in question in or before any Court, Tribunal or Authority on any ground whatsoever. Mr. Khandker ...... Rule 4 and sub-rules (2)and(3) of Rule 25 of the Government Servants (Discipline and Appeal) Rules, 1985, shortly the 1985 Rules, as it was passed without an independent consideration of the facts by the Government, though in fact the authority considered all the facts and circumstances of..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......the High Court Division was in error in not considering the lease deed dated March 19, 1988 as well as the schedule of the said deed where admittedly there is no Balumohal within the Tea Estate in question which has been leased out to the appellant and in that view of the matter leasing out of t...... of the lessee of the tea garden, since the lessee's steps to take lease of the Balumohal on a token price, to which government did not agree, is not material and relevant in the background of the facts and the question calling for determination. The sole question is, how far the Government in t..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......tic Stores and others vs. Subordinate Judge 55 DLR (AD) 13. 7. Admittedly the order dated 23-8-1999 passed by the Artha Rin Adalat in the present case is an interlocutory order. The question that falls for our consideration is, whether the learned Judges of the High Court Division......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
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