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Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......ing his election as Chairman of Kuti Union Parishad void. 2. The petitioner filed the writ petition stating, inter alia, that he was a former Chairman of Kuti Union Parishad and he, with a view to contesting the office of the Chairman in the election, filed nomination paper on 1-1-2003. ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ...... No. 1 and that the appellant being added as defendant No. 4 on 24-11-1996 the suit itself was decreed on 22-1-1997 without allowing the added defendant, that is the appellant, two month's time in view of non-issuance of any notice under section 80(1) of the Code of Civil Procedure by the plaint..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......r disposal of seized articles can be filed under section 517 of the Code of Criminal Procedure before the proper Court after conclusion of trial. 11. In the circumstances of the case and in view of the discussion above, we are of the view that the High Court Division acted illegally and w..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......d. and return the other two non-responsive proposals. It was also decided that the financial proposal should be compared with proposals of similar nature entertained by the neighbouring countries. In view of this guideline, the consultant compared the proposal of World Tel Holding Ltd. and opined th..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......the case beyond shadow of doubt and the departure, contradiction and embellishment in the prosecution case, creates doubt as to the prosecution version regarding the manner of the occurrence. In such view of the matter, the benefit of doubt goes in favour of the accused. 19. We have perused the ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... Abdus Salam and others...........Respondents Judgment March 13, 2005. The Bangladesh Agricultural Development Corporation Service Regulation, 1968, Regulation 3(1) In view of sub-section 3 of section 1 of the Service Regulations of 1968, the terms and conditions of..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ...... Vs. Md. Idrish Miah...........................Respondents Judgment March 1, 2005. The Administrative Tribunal Act, 1981 (VII of 1981), section 6(3). In view of the provisions of section 6(3) of the Administrative Tribunal Act, 1981 (VII of 1981) it w..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....f arrest of the ship. He further submits that there was no challenge regarding the genuineness of the map either before the revisional authority or in the writ-petition, the High Court Division erroneously held that the revisional authority has no power to take into consideration the map. He......el specifying the place where it stood stationed was produced excepting a general denial of the vessel alleging having been stationed outside the territorial water of Bangladesh. The said fact, in view of the assertion of the appellant that the vessel was stationed within the Bangladesh territor..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......greedy persons inimical to the allottees hatched up a conspiracy under the leadership of Abdur Rashid and Ishaque in order to grab the land settled with the petitioner and others and with that end in view filed an appeal being Settlement Appeal No. 42 of 1979 and a Review Petition being No. 378 of 1..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......toms, Chittagong and others..........................Respondents Judgment October 26, 2003. The Constitution of Bangladesh, 1972, Article 105 The ground taken for review indicates that the petitioner intends re-hearing of the whole civil petition which has been di..Category: Business or Commercial Law | Date: | Hits: 88
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ...... and also used to torture her for non compliance of the demand of dowry and the said fact was stated by the victim to the members of the family of her parents and from informant's side, keeping in view the happiness of the victim and to save her from torture, an amount of Taka 2,00,000 was paid ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......equired to possess the suit land for more than 60 years. Perhaps being aware of this legal position, the plaintiff did not claim that he acquired any title by adverse possession. So, we are of the view that the High Court Division was totally wrong in making the Rules absolute and decreeing the ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......served and, as such, the property was wrongly included in the 'Ka' list of the abandoned buildings and the listing, as such, undoubtedly has been done illegally and without any lawful authority. This view finds support in the case referred to by the learned Counsel for the appellant in the case of B..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......eding against the respondent or not and such failure cannot be said to be a mere violation of the procedure nor it can be said this provision is mere directory in nature. 7. We are of the view that the Appellate Tribunal on correct appreciation of the materials on record and the law app..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......gust 29, 2005. Result: The criminal petition is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 The Code of Criminal Procedure, 1898 (V of 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence a..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ld not be any licence to construct a Cinema Hall. It has been categorically held therein by Rahman, as his Lordships then was, that: "We are unable, therefore, to agree with the view taken by the High Court that after the grant of a no objection certificate the issuance of a ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....s count. 12. Therefore, from the discussions made above, it is clear that the Administrative Appellate Tribunal on misreading and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed withou...... Amin J.- This appeal by leave is directed against the judgment and order dated 28-1-2001 passed by the Administrative Appellate Tribunal in Appeal No. 127 of 1999 allowing the appeal by majority view. 2. Short facts are that the appellant while working as Project Director of Rural Wom..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....submitted that the order of acquittal has been passed in appeal disregarding the clear evidence of forgery and that the learned Judges of the High Court Division misread the evidence on record and erroneously held that PWs 1, 2 and 7 three of purported executants of the questioned Sale-deeds did...... the documents, but sent them back to the Court saying that without standard LTIs and standard signatures of the purported executants, their specimen LTIs and signatures could not be examined. This view is clearly erroneous. Standard signatures and LTIs may not be available at all: in the absenc..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......onstitution, and that it would not apply when there is no Local Government at all. 7. After hearing the parties at great lengths the learned Judges of the High Court Division took an unanimous view that the Upazila Parishad was not a Local Government as the Upazila was not designated as an ad..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......ment‑debtor No. 2 deposited his 25,000 share certificates to the Bank with a blank deed duly signed authorising the Bank to adjust the liability in pan by disposing of the same. He did it in view of his huge liabilities with the Bank. The deposit of the share certificates was made long bef..Category: Business or Commercial Law | Date: | Hits: 124
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