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Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
.... the other part of the decree also even though it was not necessary for them, but the learned District Judge and the High Court division failed to do either occasioning an apparent failure of justice. 10. This appeal is not opposed by the respondents. 11. We find substan......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Umed Ali and another……………...... plaintiff-Appellant Vs Mst. Hamida Khatoon and another ...................Respondent Judgment May 20,1998 Lawyers I...... the High Court Division took the view that the decree could not be set aside because the plaintiffs neither prayed for the same nor paid ad- valorem Court fee as required for the relief under the law. 8. It has not been found either by the learned District Judge or the High Court Divisio..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
..... 11. The learned Counsel for the appellant submitted since 1992 the appellant has been fighting over the matter and as such this Court may dispose of the matter finally and do complete justice in the matter. We force in the submission of the learned Counsel. Accordingly, we like to ...... been overpaid to him. The High Court Division held that the petitioner was a person in the service of the Republic and that consequently his remedy lay before the Administrative Tribunal and accordingly writ petition was held to be not maintainable. 5. Leave was granted to consider t......ation (BJMC) since 23.02.1981. By a letter dated 07.01.1998 respondent No.1 re-fixed the salary of the petitioner at a basic pay of Tk. 470/- With effect from the date of his joining and asked him to pay back Tk.90,322.50/- said to have been overpaid to him during the period from 23rd February 1...... the period from 23rd February 1981 to 23rd July 1989. 3. The petitioner challenged this order in the High Court Division in the above mentioned writ petition as having been made without any lawful authority. 4. The case of the contesting respondent, on the other hand is that o..Category: Employment/Service Law | Date: | Hits: 84
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......ke lease of the house of the complainant as monthly rent @ of TK. 50,000/- and it was stipulated that sum of TK. 6,00,000/- would be paid as advance which would be adjusted within 2 (two) years and accordingly the complainant received TK. 1,00,000/- out of aforesaid sum of TK. 6,00,000/- and pos......awyers Involved: M. A. Samad, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 192 of 2003 (From the Judgment and Order dated 30.04.2003 passed by the High ......titioner under section 420 of the Penal Code is illegal and the criminal proceeding itself being not maintainable it is liable to be quashed and the High Court Division thus committed error of law in discharging the rule. 5. We have considered the submissions made by the learned Advo..Category: Criminal Law | Date: | Hits: 30
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......rd-For the Petitioner. Shorful Islam Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition For Leave to Appeal No. 177 of 2003 (From the Judgment and Order dated 26.07.2003 passed by the High Court ......ion, if any, arose on 09.02.1999 the date of alleged issuance of the cheque in question or on 10.05.1999, 31.05.1999 and 22.06.1999, the dates on which the cheque is said to have been bounced but the law under which the petitioner has been prosecuted came into operation on 06.07.1999 and as such t..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......s Judgment November 28, 2005. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by the High C...... 'Sec. 6 Procedure in trial of cased and powers of Special Judge ................ (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 or in any other law, previous sanction of the Government shall be required for the prosecution of a public servant..Category: Criminal Law | Date: | Hits: 39
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....ution case. It also vitiated the whole proceedings for being tainted with falsehood. As such the conviction and sentence awarded to the petitioners are liable to be set-aside for ends of justice. 5. He further submits that the FIR story has been proved to be false and fabricate......nur Rahman alias Mithu, Masud Uddin @ Md. Masud Uddin @ Badal and co-accused Shaheen Faraji under Sections 326A/ 347 4577 225 of the Penal Code and sentenced them to death and a reference was made accordingly under section 374 of the Code of Criminal Procedure. The reference along with the appea...... Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners Firoz Shah Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 194 of 2003 (From the Judgment and Order dated 30.04.2003 passed by the High ......ying the sentence as already mentioned above. Hence is this petition. 3. In support of the petition Mr. Abdul Malek, learned Counsel submits, inter alia, that it is the settled principle of law that a belated FIR always carries the chance of fabrication. In the instant case also the trial..Category: Criminal Law | Date: | Hits: 48
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. ......it the house of one of her relatives and asked one of her acquainted persons to inform it to her parents and that no one kidnapped her. The statements of other witnesses including her mother also, according to the learned Advocate, echoed the aforesaid statement of the victim and therefore, the ......hadat Hossain, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner Mvi Md. Wahidullah, Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 136 of 2003 (From the Judgment and Order dated 18.6.2003 passed by the High C......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)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same creates a right in favour of an employee to consider his case of promotion along with the case of others who are posted in the similar situ......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)
....t was closed, it was submitted that in 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 powe......de by respondent No. 3 and one Royal Australia were found to be invalid because of violation of certain clauses of tender notice. The quotation / offers was found lowest among the valid tenders and accordingly the appellant Bank was taking necessary steps to issue work order in its favour. But s....... Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented......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)
....uch circumstance, is triable under the Act of 1995. 7. In this view of the above admitted position and in order to avoid delay in disposal of the case, we are led to opine that ends of justice would be met if the petition is disposed of without granting leave. In the premises we direc......t under the aforesaid provision of law, the case against the petitioner cannot be tried by the Special Tribunal under the Ordinance in view of repeal of the said Ordinance on 17.7.1995 and as such, according to the learned Advocate, the High Court Division committed error in not quashing the proc....... Lawyers Involved: Syed Ziaul Karim, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondents Criminal Petition for leave to Appeal No. 45 of 2004 (From the Judgment and Order dated 10.01.2004 passed by the High Co...... 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)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......anations offered are not sufficient and satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ...... Appeal No. 283 of 1998) Judgment: Abu Sayeed Ahammed J. - Accused convict seeks leave to appeal against the judgment and order dated 29-3-2001 passed in Criminal Appeal No. 283 of 1998 ......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)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......r and the learned Chief Metropolitan Magistrate vide his order dated 18-10-2003 directed on Metropolitan Magistrate named Mr. Wahidul Islam Khan, to submit report after scrutinizing the records and accordingly the said Magistrate submitted his report vide order dated 09-11-2003. It is further st...... No. 2 Judgement: Syed JR. Mudassir Husain CJ.-This Criminal Petition for leave to appeal is from the judgment and order dated 01.09.2004 passed by a Division Bench of the High Co......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)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......t (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No.1 (Writ-Petition) filed the above writ-petition, stating to the effect that as a voter in Ward No.9 of No.9 Kaimpur Union Parishad he filed nomination paper...... 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)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ...... plying a B- Type vessel and got the pay scale of Tk.470-1135. In order to ascertain the above facts an Inquire Committee was formed which detected the wrong doing of the said respondent No. 2 and accordingly the respondents higher pay scale was cancelled and he was given the pay scale of T...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others……………......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. ......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. ...... Md. Tafazzal Islam J Kanai Lal Roy.... ..............Appellant Vs. Swaraswati Roy alias Srimati Swaraswati Roy and others............Respondents Judgment October 31, 2004 Lawyers Involved: M.K. Rahman, Advocate, instructed by Chowdhury Md. ...... 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. ......nel on examining the witnesses found possession of the defendant No.1 in the land in suit "for more than statutory period of 12 years since 1342 B. S on the basis of the said deed of gift and accordingly recorded her name in the S.A khatian and this was also done during R.S operat...... in title suit No. 48 of 1985 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in respect of the land described in the schedule attached to the plaint. 2. Facts averring which the suit was filed in short, are that the land in sui......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)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......he appellant challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the Administrator of Waqf Government of Bangladesh whereupon he preferred Title Appeal No. 3 of 1988 before the ......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. ...... the basis of recommendation of a committee headed by an Additional Secretary to the Government who thoroughly examined the service records of the employees of TCB and made the recommendation accordingly on the basis of which impugned orders were passed. It was further stated that out of 30......order under Memo No. BAM/OBA-3/ PROSHA-2(JOOPU)/02/380 dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No.4 and communicated to the writ petitioners on 19.09.2002 (Annexure-A) informed them that they have discharged from the......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. ......against the petitioners is of abatement in commission of the offence of kidnapping but since it has not been proved by any legal evidence that the informant was the lawful guardian of the victim as according to section 361 of the Penal Code the charge of kidnapping as defined under Section 365 of......nts Judgment May 24, 2005 Lawyers Involved: Nizamul Huq, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioners Md. Abdur Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Respondent. C......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. ......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. ...... Lawyers Involved: Obaidur Rahman Mustafa, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Respondent-Respondent Criminal Petition for leave to Appeal No. 130 of 2003 (From Judgment and Order dated 7th May. 2003 passed by the High Co......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
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