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State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....as granted to consider the submission that the High Court Division in exercise of its jurisdiction under section 498 of the Code of Criminal Procedure has transgressed its limit in dealing with the goods seized, and, as such, the impugned orders to release the seized goods are without lawful aut......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. ......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. ..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. ......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. ......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. ..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: ......quittal is reversed it must be shown that the Judgment is not only unreasonable and manifestly wrong but it is also manifestly perverse. Unless such a finding can be made on the basis of materials on record the order of acquittal should not be interfered. The Appeal is dismissed……….(20 & 2......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: ..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. ......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. ......ngladesh 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 service of the petitioner cannot be varied to his disadvantage. Under Regulation of 1968 there was ..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: ......sputed that the respondent while working as Thana/Upazilla Planning Officer, Bamna Upazilla, District Barguna was dismissed from service on charge of corruption and misconduct. 8. It is on record that the respondent admitted the facts of the case and the audit objection. The Administrati......isions of section 6(3) of the Administrative Tribunal Act, 1981 (VII of 1981) it was within the jurisdiction of the Administrative Appellate Tribunal in altering the major penalty of dismissal from service to the reduction in rank of the respondent. The Appeal has no merit and it is accordingly ..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... The accused has been acquitted of the charge of smuggling in the Special Tribunal Case under the Special Powers Act, the offence being against the accused persons but not against the smuggled goods. This case being under section 156 of the Customs Act for bringing smuggled goods inside the ......r. Mahbubur Rahman, the learned Counsel appearing for the respondent has, however, submitted that in revisional jurisdiction under section 196B of the Customs Act, the Government could call for the records and examine the same only to decide as to whether there was any error but those error shoul...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..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: ......as annexed and marked as Annexure-X. It was further contended that during the recent survey operation, the petitioners were found to be in physical possession of the demised land and accordingly, the record of right has been prepared in their names in the face of objection raised by respondent No. 3......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: ..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
.... High Court Division that direction was given to the petitioner by the Customs authority to pay customs duty etc @ 45% on tariff value @ US$ 280 per MT without physical verification of the imported goods and so the petitioner cannot agitate the above point before this Division for the first time......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 88
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......petition filed under section 151 of the Code of Civil Procedure and, as such, revisional application was quite maintainable. The submission so made is not correct, as it appears from the materials on record the order of status quo was passed at a stage of the suit when the application filed unde......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....bout their marriage for the first time about 3/4 months before the formal celebration of their marriage which was held on 12-3-1999 and then they tried to convince the victim that it would not be a good marriage, he did not visit them regularly but he and his family tried to mediate the differenc......t there is evidence of demand of dowry and non payment of which resulted in torture upon the victim. So, the contention of absence of evidence as to demand of dowry is negated. A statement recorded by the police under section 161 Cr.P.C. can never be treated as substantive evidence. It c......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. ..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. ......led for in a suit for partition where the plaintiff’s claim of title is to be looked into incidentally. If the precise title to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of gratuitous r......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. ..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: ......he police about it by filling an entry in the police diary. He produced a photo copy of the GDE, which the Court of Settlement held was not proved by calling for original from the police station. The record of the case was called from the Assistant Commissioner's Office where he filed all the photoc...... 55. 6. Article 7 of President's Order No. 16 of 1972 provides that the Deputy Commissioner shall take possession of the property where any abandoned property is not in possession of the owner by service of notice asking him to surrender the possession to the Deputy Commissioner or his agent wit..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....spondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of the mandatory provision of law. T......ere 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 applicable allowed the appeal and accordingly, no interference is called for. ......nt on the ground of Illness prayed for time to file his reply to the second show cause notice but no time was allowed and thereafter the petitioner No. 2 by order dated 14-12-87 dismissed him from service and being aggrieved he preferred appeal to the petitioner No. 1 which was also rejected by ..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.......nal 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 alleged against the petitioners has not...... (iv) corruption or having persistent reputation of being corrupt; (v) subversive activity or association with persons or organisations engaged in subversive activities; (vi) desertion from service or unauthorised absence from duty without reasonable excuse; or (vii) inefficiency. ..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. ......licensed annually. The rules also empower the licensing authority to revoke or suspend a licence granted by it for a breach of the rules or of the conditions of the licence or for any other reasons recorded in writing. 9. It would thus appear that the licensing authority, which need not ......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. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......he was removed on this 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 app......omen and Children Affairs &. others..............Respondents Judgment June 14th, 2004 The Constitution of Bangladesh, 1972, Article 135(2) The appellant being in service of the Republic, in case of her removal, she is eligible for protection under Article 139(..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....mely, OC Suits Nos. 206, 207 and 208 of 1981 seeking declaration that the disputed Sale-deeds are forged and void were pending in the court of the Subordinate Judge. We do not think that this was a good ground for refusing retrial of this case, particularly when there was sufficient time for retr......llant, has 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 Sal......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....as the policy behind such move is concerned, it can to be disputed that the same cannot be a matter for the Court to enter into. The system of local Government as such has not been done away with for good but a review has been undertaken to evolve a better system dismantling a tier at the Thana leve......repealed) Upazila Ordinance (LIX of 1982) without the aforesaid offending provision, there would have been no valid cause of action for the appellants, Mr. Ahmed submitted. 50. I would like to record my appreciation for the fair and bold stand taken by Mr. Ahmed. Indeed he has summed up the p......s relating to‑ (a) administration and the work of public officers; (b) the maintenance of public order, (c) the preparation and implementation of plans relating to public services and economic development." "60. For the purpose of giving full effect to the pro..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. ......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 124
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