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Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
....post equivalent to his status and pay where he could have been profitably employed, as such the order of retirement was passed. 7. The High Court Division on consideration of the facts brought on record by the parties held "In our view the respondent, has rightly foun......hul Amin J Capt. Mir Mazharul Huq……………………………….Appellant Vs. Bangladesh Biman Corporation and Others………..Respondent Judgment September 3, 2007. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
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. ......ocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by the High Court Division in Criminal Appeal No. 1296 of 1994......ut receiving full amount of money and subsequently, he had to make deposit of the entire shortage amount by selling of his paternal property. 4. It appears that the Special Judge consiÂdering the evidence on record found that the accused was guilty of the offence charged with but took a lenient ..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....etÂween the parties and if the dispute is a question of fact, the ascertainment of the fact by means of evidence adduced by them to the dispute and a decision of the whole matter by finding upon the facts in dispute and the application of law to the facts so found.........A Revenue Officer holding ...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish ......ust be entrusted with judicial functions. A judicial decision presupposes an existing dispute betÂween the parties and if the dispute is a question of fact, the ascertainment of the fact by means of evidence adduced by them to the dispute and a decision of the whole matter by finding upon the facts..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....idence, it is much weaker evidence than the evidence of an approver as it is not subject to any cross-examination. The confession of a co-accused is only one element in the consideraÂtion of all the facts proved in the case and weighed with the other evidence. There must be some other corroborative......m vs State 27 DLR (AD) 29; Babor All Molla vs State 44 DLR (AD) 10; Ustar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nuru......sses. There were 2 confessional, statements, one by accused Idris Ali Sheikh alias Gandu Sheih and another by Abdus Samad Molla (Member) alias Samad Khan. The trial Court on consideration of the oral evidence as well as the confessional statements of the aforementioned two accuseds convicted and sen..Category: Criminal Law | Date: | Hits: 63
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....la: 8. If it is a partnership, has the respondent been released from the contractual obligation? If it is a proprietorship he is disqualified from contesting the election under the law. Certain facts are not disputed namely, that the respondent obtained the contract in the name of the firm M/s......er Chowdhury CJ Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Mahmudun Nabi (Md)... .............…………………………………….....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment December 14, 1989. Resul...... Result: The appeal is allowed. The Local Government (Upazila Parishad and Upazila Administration Re-Organisation) Ordinance, 1982 (Ordinance No. 59 of 1982) Section 6(2)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contrac..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
.... one. 9. In the alternative, it is submitted that in the interest of justice the matter be remanded to the apÂpellate Court for its finding on the plaintiffs plea of bona fide requirement. In the facts and circumstances of the case, we are of opinion that the cause of jusÂtice will be not furth......rds & Phrases. The trial court decreed the suit on the ground of bona fide requirements however the appellate court upheld the decree not on bona fide requirements but on the ground of default and did not consider the question of bona fide requirement. So the findings in this regard cannot be......rement. 7. On behalf of the appellant it is contended that the issue as to bona fide requirement of the plainÂtiff having been decided by the trial Court in his faÂvour upon consideration of the evidence on record, and the Court of appeal below, having noticed such finding, did not disapprove o..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
.... of Taka 10,000/- taken by him from Bangladesh Krishi Bank, Satkhira Branch. Thus he became a defaulter within the meanÂing of section 7(2)(g) of the Union Parishad Election Ordinance. 5. Certain facts are not disputed namely, the amount of loan was Taka 10,000/- and the repayment of the loan wa...... Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgment November 15, 1989. R......erefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are alÂlowed. 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. ......¦â€¦......Appellant Vs. Al-Haj Moulvi Idris Mia…………………………......Respondent Judgment February 6, 1986. Result: The appeals are alÂlowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908)...... him which will be washed away by allowing the amendment. Then again as a rule the Court refuses an amendment if the amendment introduces a totally new and inconsistent case which may require further evidence to be adduced by the opponent. As noticed, the appellant claimed pre-emption either as a co..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....t, leaves no manner of doubt that the interest awarded was from the date of the suit as was specifically prayed for. He also submitted that sub-section (2) of section 34 C.P.C is not attracted in the facts of the present case because the decree is not silent in reÂspect of the interest mentioned th......J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Mustafa Kamal J Sonali Bank………………………….….………………..Judgment debtor Appellant. Vs. Mahbubul Amin and anr...........................Decree holder-Respondents. Judgment December 5, 1989. Re......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
....he eviÂdence as and the prosecution case as it is and submitÂted that it is for the Court to conclude whether the conviction can be maintained. 8. We have given our anxious consideration to the facts of the case and discrepancy in evidence as to 8 bags or 10 bags and our conclusion is this con......The appeal is allowed. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanctio......The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not b..Category: Anti-Corruption Laws | Date: | Hits: 125
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
....hen, we do not think that it was right and proper for the High Court Division to have directed the Election Commission to dispose of the application of the reÂspondent again. It is apparent from the facts noticed above that the respondent missed the bus due to inerÂtia and it is well known that de...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Abdul Jabbar Dakua.......................……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 29, 1989. Result: Th...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....resently within P.S. Motijjheel, for the Railway Board. PlainÂtiff-respondents' 6.4650 acres of land had also been acquired and included in the total of more than 70 acres of such acquired land. The facts of the case have grown pretty tong as the plaintiffs are campaigning from 1963 with the only g...... J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, ...... Judgment November 26, 1989. Result: The appeal is allowed. The Emergency Requisition of Property Act (XIII of 1948) Sections 3, 4, 5, 5A, 5(1a)(3), 7 & 14(A) There was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to mean a..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
.... hear a revision under section 439 of the Code of Criminal Procedure against an order of acquittal inÂvolving an offence punishable with sentence of imÂprisonment exceeding one year. 2. Material facts of the case, briefly are, that the accused-appellants and respondent No. 1 are neighbours resi......Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Ahsan Sarfun Nur @ Mukul others.……………………………………..Appellants Vs Nurul Islam Sarder and another......…………………………………Respondents Judgment March 8, 1989. ......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. ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....emedy provided for in the Ordinance, generally speaking is well in accord with the settled principle governing exercise of discretionary jurisdiction under Article 102 of he Constitution. Even so the facts of the present case as revealed are such that it is found plainly difficult to sustain the ult......hahabuddin Ahmed J MH RahÂman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......…………………………….Respondents Judgment November 1, 1989. Res......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. ..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....ondents Result: The appeal is allowed. The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfered in the matter of highly disputed question of facts. The election commission acted within its jurisdiction under rule 70 of the Union Parishad (el......sent: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is allow......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. ..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. ...... Reported in: 42 DLR (AD) (1990) 77. ......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. ..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....Deputy Commissioner—the Deputy Commissioner remained silent though he received the Memo. The District Judge then informed the Law Department through Registrar of the High Court Division stating the facts and solicited necesÂsary action. The Law Department by Memo. No. 117- Judl. 9/1-9/79 dated 18......................Respondents Judgment February 7, 1989. Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of mandatory injunction. ......d the only relief of mandatory injunction was sought against defendant No. 1 and no relief had been prayed for as against the Deputy Commissioner pro forma defendant. 4. The learned Judge found no evidence to show that the suit premises was ever handed over to the Law Department or that it vested..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
.... of 1989). Judgment: Badrul Haider Chowdhury J.- In this petition for special leave the question is whether the Courts below were correct in refusing the prayer for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief are as follows: — Plaintiffs filed a sui......s also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....issing in it. However, taking for argument's sake that the learned Assistant Judge has not come to any finding as to service of summons upon the appellant, we do not think, havÂing regard to all the facts noticed and observation made by the learned Assistant Judge, that there is any necessity for f......u Sayeed Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented.—Respondent Nos. 2-4 Civil Appeal No. 11 of 1988. (From the judgment and order dated 3 March, 1987 passed by the High Court Division, Dhaka in Civil Revision No. 470 of ...... ought not to have been interfered with. 5. The learned Judge of the High Court DiviÂsion observed in his judgment that the Assistant Judge was required to come to a finding with reference to the evidence on record that there was no serÂvice of summons upon the defendant or there was sufficient..Category: Procedural Law | Date: | Hits: 88
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordÂingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......reported in: 42 DLR (AD) (1990) 72. ..............Defendant Respondent Judgment April 16, 1989. The Code of Civil Procedure, 1908 (v of 1908), Order XXXIX, rule 7 Local Inspection The matter of possession can be determined on evidence before the court but not on local inspection. "Local inspection' connotes only visual perce..Category: Procedural Law | Date: | Hits: 94
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