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Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ...... Code of Criminal Procedure, 1898 (V of 1898), Sections 234 & 561A Holding of trial of the offences in the special court and ordinary court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by s..Category: Criminal Law | Date: | Hits: 65
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......t the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the statement without signature of the candidate or his agent is lawful. Sending of “K” form without signature of the candidate or ..Category: Election Law | Date: | Hits: 124
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... the banks or other agencies by way of loans overdraft, cash facilities, etc. BSRS appearing in the proceeding asserted that the amendments made were approved and the amendments are valid under the law. The High Court Division therefore held that the alleged non-fulfillment of the conditions as ..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......I rule 17 Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: ..Category: Procedural Law | Date: | Hits: 82
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......issued calling upon the respondents-appellant Rajdhani Unnayan Kartipakkha and two others to show cause as to why the layout plan dated 18-10-92 should not be declared to have been made without any lawful authority and why they should not be directed not to change the nature and character of the..Category: Property Law | Date: | Hits: 56
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ...... were the same goods as were sold in auction and the Tribunal having disbelieved the claim of the writ petitioner by assigning reason which being a finding of fact, the High Court Division erred in law in setting aside that finding in its writ jurisdiction. It was also noticed in the leave grant..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....ed 0.1125 acres of land. The defendant raised serious objection, being contrary to his averments made in the plaint. At that time the plaintiff sought for adjournment of hearing for the purpose of amending his plaint further. Despite the objection raised by the defendant the trial Court adjourne......der of the trial Court. 6. Leave was granted to consider whether the learned Judge of the High Court Division upon correct appraisal of the material facts and the principles of law applicable to amendment of plaint was justified in interfering with the order of amendment of ..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......ed asking the petitioners to show cause as to why the aforesaid Memos and the proceeding initiated under section 46 of the Bank Companies Act, 1991 shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The short fact leading to this..Category: Business or Commercial Law | Date: | Hits: 131
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......ry injunction in favour of Humayun Kabir in respect of these two holdings it could not be said there was no such holding. 6. The High Court Division did not commit any error of law in directing the Office-in-Charge Motijheel PS to hand over possession of holding Nos. 59 and 5..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ......ree the appellant preferred this appeal. 6. Mr. SS Halder, learned Advocate for the appellant, submits that the learned Single Judge of the High Court Division fell in error of law in finding that there is no finding of service of notice by the learned SCC Judge without notic..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ...... It is only the averments made in the plaint are to be considered to come to a finding as to whether those disclose a cause of action and the Court while deciding such application is not permitted in law to travel beyond the averments made in the plaint. The High Court Division in the instant case o..Category: Civil Law | Date: | Hits: 105
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......heirs the suit as a whole cannot be held to have abated calling for discharging the Rule in the revision case as having become infructuous. It has further been argued that there are good grounds of law in the revision which if considered the revision case would have been allowed and the Rule issu..Category: Property Law | Date: | Hits: 46
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......ng been framed for commission of rape under section 6(3) of the said Ain, the conviction and sentence under section 9(Ga) for committing an offence of immoral act is illegal and not sustainable in law. 7. Syed Ziaul Karim, learned Advocate appearing in Criminal Appeal No. 3..Category: Criminal Law | Date: | Hits: 72
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......of 1908), Order XLVII rule 1 Non-discovery of alleged fact and even after discovery if found genuine would not have proved the case of the petitioner, the High Court Division committed no error of law by refusing the petitioner to try its luck again on the plea of discovery of additional evidence..Category: Property Law | Date: | Hits: 107
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......stantive offence of murder his liberty can be curtailed under section 497 of the Code of Criminal Procedure. As such violation of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also ..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ...... Tribunal Case No.51 of 1997. 2. The respondent instituted the case for a declaration that the notification dated 6-6-1996 passed by the Government is void, illegal and without lawful authority and that the period of absence from service of the respondent from 1-10- 82 to 5-6..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......, if any, as the President may from time to time direct, and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.” 7. Thus it appears that the El..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ...... Group V was combined since inception of the Corporation and thus the change in the Organisation set up and the separate seniority list prepared on the basis of the Order are arbitrary and without lawful authority and violative of fundamental rights guaranteed by Articles 27, 29 and 31 of the Co..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ...... General of Prison has not recorded any reason for not issuing a second show cause notice thereby violated the constitutional protection available to the respondent and relying on the principle of law enunciated in 44 DLR (AD) 104 (Jamuna Oil Company Limited and another vs. SK Dey and another) a..Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ......sion of the Labour Court and discharged the Rule Nisi issued in the aforesaid writ petition. 2. The petitioner seeks review on the following grounds that in absence of any law or award or settlement securing any right to claim overtime allowance at the rate double the r..Category: Labour and Industrial Law | Date: | Hits: 128