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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. ......5. In support of the appeal the appellant reiterated the submissions made at the time of granting the leave. 6. He further submits that the appellant being seriously ill during the period in question was prevented from appearing at the time when the appeal was called upon for hearing and t...... the order of dismissal of the appeal was passed on 18.11.1991 and as such the explanation given by the appellant 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 ..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. ......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. ......,5097,5260, 8034,8035,8036, 8037, 8038,8039,8040, 8041, 8042, 8043, 8292 of 2002 & 1164, 1165, 1166, 1167, 1168, 1169, 1170, 2731, 2732, 2733, of 2003 making the Rules absolute. 2. Short facts are that the writ petitioners were appointed in various posts of the Trading Corporation..Category: Labour and Industrial Law | Date: | Hits: 80
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......2000 passed in Sessions Case No. 24 of 1995 by the learned Sessions Judge, Munshiganj acquitting the accused respondents of the charge under Sections 341/320/302/34 of the Penal Code. 3. The facts, in short, are that the informant petitioner Mainul Islam on 30.08.1994 lo..Category: Criminal Law | Date: | Hits: 41
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. ......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. ......olding the order of conviction and sentence passed against the two petitioners, while acquitting co-accused A. Sattar, A Mannan of the charges under Sections 366/34 of the Penal Code. 2. The facts in short are that the petitioners along with others were prosecuted under Sections 366/..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......ssed by the High Court Division in Criminal Miscellaneous Case No.12022 of 2003 rejecting the application of the petitioner filed under Section 561A of the Code of Criminal Procedure. 2. The facts, in short are that on 19.03.1998 while Md. Farook Hossain (P.W.2) was passing in front of&nb..Category: Criminal Law | Date: | Hits: 45
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......mber of 1998 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, lead......ion 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 petition, are..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. ......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. ......be voluntary and true which was also corroborated by a few prosecution witnesses. Therefore, the High Court Division found nothing to differ from the findings and decisions of the trial Court. The facts and circumstances of the case combined with he evidence of the information P.W.1, P.W.3 ..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... further the alleged place of occurrence was far away from the Indian border and as such it was not possible to bring illegal goods by the petitioner. Mr. Nawab Ali, next submits that the pertinent question as to whether the goods were contraband or not were not considered by the High Court Divis...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......ment for 10 (ten) years and to pay fine of Tk. 5,000/- (five thousand) each, in default, to suffer rigorous imprisonment for 3 (three) months more. The sentences to run concurrently. 2. The facts revealed in the leave petition, in short, are that the on 06.02.1984 one Shukur Ali, br..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......nstant case. But his case is that the Vice-Chancellor of the University who was Chairman of Selection Committee was inimical to the writ petitioner respondent No.1. As this is a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussion...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......peal by leave is directed against the judgment and order dated 01.04.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assist..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......ision upon setting aside the judgment of the courts below i.e. the trial Court and 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 Sectio......arance and prayed for time, but the trial Court did not dispose of the application so filed seeking time and that took up the suit for ex-parte hearing and thereupon dismissed the suit. In the facts and circumstance of the case the appellate Court was of the view that defendant No.1 oug..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......on fact and law, High Court Division disposed of the same by a common judgment. 2. The leave petitions under the circumstance are disposed of by this single judgment. 3. The facts leading to all the leave petitions more or less are Similar. It is averred that the res..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......tion of S.A. record the said land was diluvial land and accordingly S. A. record was prepared and that as per provision of section 86 of the State Acquisition and Tenancy Act, 1950 the land in question was listed in khas khatian No. 1, that the suit has been filed by making untrue state...... Mannan and others vs. Kulada Ranjan Mowali and others reported in 31 DLR (AD) 195 the High Court Division as well as the Courts below erred in decreeing the suit mechanically in the absence of the facts or evidence before the Court as to the question whether the accretion took place or in o..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n the name of Alfajuddin and Rafatullah was prepared wrongly since tenancy of Jairuddin was not surrendered at any point of time in favour of kuran Modnal. Finally the High Court Division held that question of surrender by Jairdudin in favour of Kuran Mondal could not be established by the ......he plaintiff's case which was proved by reliable evidence, upon observing "Bamboo cultivation through the Bargadar is unknown and not in practical practice of this country. So, these facts can not be believed". The fact of bamboo plantation in the land in suit finds support f..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......dent the proceeding was also barred and as such the proceeding ought not to have been started against him and so he filed the writ petition legally and that the High Court Division considering the facts and circumstances came to a correct decision in making the rule absolute. 9. The learn..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ion of the country the defendant has been possessing the suit property through lessee. 4. Leave was granted to consider the submission that none of the courts below applied their mind to the question of maintainability of the suit as without a prayer for declaration of title to the suit pr......l by leave is directed against the judgment and decree dated 08.02.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 1608 of 1992 discharging the Rule. 2. Short facts are that the disputed property belonged to one Abdul Jalil who got the same by way of lease f..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......quired a legal right and equal protection of law and as such the respondents are estopped from claiming proportionate value and the same is against principle of natural justice" as there is no question of acquiring vested right in the Invoice value under the Cu......ce there was no response the respondent had to invoke writ jurisdiction. The writ petitioner respondent in Civil Appeal No. 134 of 2002 filed Writ Petition No. 4490 of 1999 more or less on similar facts except that 8400 sheets of Hard Boards of similar si/e were imported by them from Thailand by..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ...... competent to pass the impugned order. Further the Managing Director having appointed the respondent as Deputy General Manager on promotion by Memorandum dated 17th March, 1981, there cannot be any question of his competence to pass the final order in the disciplinary proceeding and the last sub......ve is directed against the judgment and order dated 12.04.1994 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 80 of 1992 dismissing the appeal. 2. Short facts are that the respondent No.1 was promoted to the post of deputy General Manager in the appell..Category: Administrative Law | Date: | Hits: 90
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