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Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......etition dated 5‑11‑2000 a case of forgery and fraud in filing petition for withdrawal of appeal having been brought to the notice of the Administrative Appellate Tribunal who erred in not holding an enquiry into the allegation upon a view that there is no scope for embarking upon the inv..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....t or, in other words, for commission of an offence under section 138 of the Negotiable Instruments Act is to be filed by the payee or the holder in due course of the cheque. 9. It is not disputed that accused-petitioner issued 3 cheques for repayment of the loan amount in favour of Anwa......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....ous counts. They are as follows:- 14. In referring to and relying upon the comment dated 16-2-2002 of the Director General of BTV sent to the Attorney-General; in deciding purely a disputed question of fact on affidavit whether the Evaluation Report qualifying ETV is the first or ......; the learned Attorney-General, during the pendency of the writ petition, which is in contradiction to the parawise comments of the then Secretary of the Ministry of Information; in holding that the ETV was in existence when Mr. AS Mahmud, the Chairman of ETV applied in..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......together, imply that prior written permission of DIT is necessary in execution of a bainapatra for sale and the High Court Division fell into an error of law in overlooking the said provision and holding that the stage for obtaining permission has not yet reached." He next contends tha..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......ch the plaintiff received US$ 2,78,276.68 and the money suit has been filed for recovering the balance amount of US$ 4,36,578.50 and as such the High Court Division was totally wrong on premises in holding that the merit is open for arbitration and committed gross illegality in staying all further..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......t of Subordinate Judge did not grant any interest on the decreetal amount and as such no error was committed by the High Court Division in affirming the decree of the Court of first instance in not holding that the said court decreeing the suit made the award in its entirety part of the decree." ..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......ble to be dismissed on the ground of maintainability. 4. Mr. Md. Abdus Samad, the learned Counsel appearing for the petitioners submits that the impugned order of the High Court Division holding that the writ petition is not maintainable as alternative remedy under Order XXI rule 90 of ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......lice took up investigation, visited the scene of the said occurrence, prepared sketch map with separate index, seized alamats by preparing seizure list, produced the victim before Medical Officer for holding medical examination, recorded statements of the prosecution witnesses under section 161 of t..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... to be presumed that his Lordship found the miscellaneous case maintainable, otherwise his Lordship would not have made the Rule absolute on merit. 2. Mr. Md. Shamsul Huda J: discharged the Rule holding the view that the order of extension dated 30-5-2002 has been issued by the Government in ac..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....er (Revenue) Comilla while the property in schedule 'A' which plaintiffs claim to have got on the basis of their exchange of the property described in schedule 'B' in the Tripura State, India is undisputedly the properties situate in the District of Noakhali, that the High Court Division as well......ossession of the land although plaintiffs in support of their claim of possession have examined solitary witness PW 2, that High Court Division as well as the court of appeal below were in error in holding that Exhibit 1 was authenticated by the Office of the Deputy Commissioner (Revenue), Comil..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......by this judgment. 2. Leave Petition No. 975 of 2001 has been preferred by the writ petitioner MA Gafur in Writ Petition No. 4188 of 1999 discharging the Rule and consequent thereupon upholding the order of retirement passed against the writ petitioner under section 9(2) of the P..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......r issued the prescription in the hospital. He received medicine from the hospital and also purchased some medicine from the outside shop. At a tea stall at Jhalakati one Haridas Dey gave proposal for holding a salish. In cross-examination he stated that the quarrel started before holding the salish...Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....and have been created only to grab the property; that Mrs. Ovais Bandi did not shift to 9/12 Salimullah Road and never lived there ; that she left the country during the war of liberation leaving the disputed house uncared for which accordingly, vested in the Government by operation of law; that the......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....he executants of the Muktipatras and others upon treating the property as vested property to the effect that the said property is the ancestral property of the recipients of the Muktipatras. The undisputed fact is, that appellant No. 3 and others have executed the document and that therein they ......s, ... there is a total absence of the ingredients of the offence of forgery as defined in sections 463 and 464 of the Penal Code and so the High Court Division fell into a grave error of law in upholding the conviction and sentence of the petitioners under sections 468/109 of the Penal Code&quo..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......eeing an interlocutory matter and made same findings touching the merits of the suit which could be avoided", but learned Single Judge of the High Court Division himself made the same mistake in holding absolutely on no basis to the effect that "I am of the view that the reasons on which t..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473....... report there is no mention that the tongue was protruded or any detail injury of vagina and vagina also may be torn by accident. 16. PW 16 Constable No. 404 Sree Gopal Chandra stated that after holding of inquest by the Investigating Officer he carried the dead body to the morgue and put his s..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....not have taken on its shoulder the burden to find malafide. It lies on the party who alleges it. 31. The High Court Division committed a serious error of law in adjudicating upon seriously disputed questions of fact in the writ jurisdiction. 32. Dr. Kamal Hossain, the learned Coun......oners are not directly affected. The High Court Division ignoring the guidelines determined by the Appellate Division as to locus standi to maintain a public interest litigation acted illegally in holding that public litigation may even he directed against less fortunate persons when the questio..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....perior courts. The High Court Division found that the decisions referred to concerned suits for declarations and suit for permanent injunction. The principles of law enunciated in those decisions not disputed but those decisions were not applicable in the facts and circumstances of this case. The Hi......acts and dealings in the matter have been fair, free from any taint of fraud and illegality. The High Court Division having not considered the said provisions of law resulted in failure of justice in holding such a suit, the defendant‑petitioner cannot invite decision of the court by framing speci..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......that a petition under section 491 of the Code of Criminal Procedure in such type of case is maintainable the High Court Division committed illegality in refusing to enter into the merit of the case holding that the order of detention has been passed by a competent court. 10. In such matte..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74