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Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......e of reserved women seat in the Parliament, inasmuch as clause (2) makes them the member of the Parliament as deemed to be so. The learned Attorney-General has further submitted that the amendment in question which is a substitution of the old clause providing 30 reserved seats by 45 reserved seats ......ple. 6. Civil Petition for Leave to Appeal No. 708 of 2005 arose out of the impugned judgment and order in Writ Petition No. 6942 of 2004 discharging the Rule which arose out of the almost similar facts alleged in other two writ petitions being Nos. 262 and 6975 of 2005 in addition to impugning A..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... We disapprove such treatment of using confessional statement of co-accused against other accused to base their conviction without any other evidence against them. 13. We have considered the facts and circumstances and evidence on record. In view of discussion made above we are of the vie..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......ve considered the submissions made by the learned Counsel. It appears that the preemptor instituted the case making clear averment that no notice was served upon the preemptor regarding the sale in question and that later after coming to know of the transfer he instituted the case within four mon...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......wers Act, 1974. 8. Mr. Abdul Baset Majumder learned Counsel appearing on behalf of the respondent No.1 opposes the appeal contending, inter alia, that the High Court Division after considering the facts and circumstances allowed bail in favour of the accused respondent for one year. 9. He furt..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... 5 years before his death became paralysed, that defendant No.1 used to look after him, that through the men of his party the plaintiff has brought into existence the document in question, that defendants as co-sharers are in possession of the land as regard which the plaintiff......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ...... especially because the petitioner himself requested respondent No. 2 to accept him as a beneficiary of the said Pension Rules through an application dated 16-3-92. In that view of the matter, the question of applicability of the Service Regulations of respondent No. 1 to the petitioner does not......M Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging the Rule. 2. Short facts are that the petitioner joined the then Pakistan Army and was commissioned as Second Lieuten..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... of the High Court Division in Writ Petition No. 9180 of 2005. 31. Both the writ petitions were disposed of by the same order. As the two appeals arose out of common fact and involve common question of law the same are disposed of by this single judgment. 32. In Writ Petition No. 9......ation of electoral roll afresh applies only to a particular electoral area or constituency, for gross error or irregularity in the preparation of electoral roll of that area or constituency but the facts of the present appeals are different inasmuch as order has been passed for preparation of th..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......ng heard analogously were disposed of by the High Court Division by same judgment and order. Both the appeals being heard together by us are disposed of by this Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appel..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......nt Judge held a preliminary enquiry under section 476 of the Code of Criminal Procedure, which has been done illegally which is absolutely bereft of substance. 7. We have considered the facts and circumstances of the case and we are of the view that in order to satisfy himself as to ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......aribagh was not the property of the company and cannot be treated as assets of the said company as the same was transferred by a deed of perpetual lease by the respondent No. 6 and, therefore, the question of annexing the property in the schedule of the agreement does not arise. The property at ......t was a licensee whose licence was irrevocable because the company had put up construction with the consent of the owner(s) and section, 60(b) of the Easements Act, 1882 is clearly attracted to the facts pleaded by respondent Nos. 1 and 2. 7. It appears that &..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....of circuit "in order to exercise in respect of cases arising in that Division the jurisdiction and power vested in the said High Court." 145. Letters Patent of Lahore High Court Clause 33 was in identical terms of Calcutta High Court namely, "that the jurisdictions and powers ........................usion and uncertainty is the resulting' factor of the impugned amendment and the rules framed thereunder 39. Mr. Khondaker Mahbubuddin Ahmed, appearing, as Amicus Curiae, raised some pertinent question as to the purpose of the amendment itself. He pointed out that these permanent Benches orig......who, by training and experience, is in the best position to consider the situation fairly competently and objectively. But there can be no purposeful consideration of a matter in the absence of facts and circumstances on the basis of which alone the nature of the problem involved can be ap..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......te of Punjab reported in AIR 1957 (SC) 637, the Indian Supreme Court considered the implication of such omission. It was observed '"Unfortunately, in his examination under section 342 of the code, no question had been put to Sarwan Singh about these shoes. It is not unlikely that Sarwan Singh may ha......ince "it will be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law". 8. Mr. Julmat Ali Khan, the learned counsel appearing for the condemned petitione..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......, Advocate-on-Record —For the Respondents No. 1-5. Not represented-Respondent Nos. 6-11. Civil Appeal No. 75 of 1985 Judgement ATM Afzal J.— This is a plaintiffs' appeal by leave. The question raised is whether the High Court Division was justified in summarily rejecting the appellan......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......ney-General, instructed by M.R. Khan, Advocate-on-Record — For the Respondent. Criminal Appeal No. 32 of 1986. Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question the propriety of conviction and sentence of the appellants under sections 302/34 and 364 of......r as has been deposed. The defence case appears to be more probable than the prosecution as it fits in human nature and as such the appellants are entitled to be acquitted as a matter of right in the facts and circumstances of the case………………(9 & 12) Lawyers Involved: S.S. Haider, Se..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ...... further contended that the learned Judges of the High Court Division misinterpreted the decision in Nasiruddin Mahmud and others Vs. Mamtazuddin and another 36 DLR(AD) 14 and wrongly held that the questioned transaction was outside the partnership business between the complainant and the accused.......usiness between the complainant and the accused. 4. In determining whether a person is or is not a partner regard shall be had to the real relation between the parties, as shown by all relevant facts taken together. To this provision of section 6 of the Partnership Act, 1932 there are two ex..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ement and order dated 4 August 1985 passed by the High Court Division, Dhaka, in Criminal Appeal No. 132 of 1983). Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question an order of the High Court Division, dated 4 August 1985, confirming in appeal, an order of......n 302 of the Penal Code against this accused is sustained. Conviction under section 302/149 of the Penal Code against Abdul Jabbar, Lokman Ali and Pir Ali since dead being proved is sustained. In the facts and circumstance of the case, the right of private defence of life was not available to the ap..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......t under P.O. No.7 of 1973 and found that the Circular of the Ministry of Finance dated 20.1.81 was issued without any lawful authority. The rule was discharged. Leave was granted to consider the question whether (a) in pursuance of provision in the mortgage deed whether the corporation could ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......Advocate-on-Record — For the Respondent No.1. Respondent No.2: Abated. Respondent No. 3: Ex-parte. Civil Appeal No. 87 of 1984 Judgment: A.T.M. Afzal J.— In this appeal by leave, the question for consideration is whether the plaintiff-appellant was non-suited upon a correct view o......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......th him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Civil Appeal No. 4 of 1988. Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question a decree for ejectment of the appellant-tenant, passed by the Subordinate Judge and mai......appellant was liable to pay rent in terms of the old Agreement or she was entitled to pay rent according to the provision of s. 18(5) of the Ordinance. At the outset I would make it clear that on the facts admitted or established in this case, if the terms of the expired Agreement apply in respect..Category: Property Law | Date: | Hits: 45
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