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Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)

.... having been turned down by the National Board of Revenue which is the higher administrative authority in the case of respondent, the question of preferring any further appeal does not arise in the facts of this case.   The petition is dismissed.   Ed. ......   Government of Bangladesh represented by Secretary, Ministry of Establishment &another........... Petitioners   Vs.   Nurul Haque Miah and another.............. Respondents   Judgment   December 8,......the facts of this case.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 59. ..

Category: Administrative Law | Date: | Hits: 93

State Vs. Shahjahan, 2001, 30 CLC (AD)

....ed to interfere with the impugned judgment.   The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......mdash;For the Petitioner   Not represented—The Respondent.   Criminal Petition for Leave to Appeal No. 61 of 1915.   (From the judgment and order dated 15-8-1994 passed by the High Court Division in Death Reference No. 1 of 1992 with C......that they did not abet the murder of victim by the accused Shahjahan and have been falsely implicated in the case out of previous enmity.   4. Trial Court on consideration of the evidence on record convicted the accused Shahjahan under section 302 of the Penal Code and other ac..

Category: Criminal Law | Date: | Hits: 55

Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)

....Narayanganj in Title Appeal No. 44 of 1988 reversing those dated 5-5-1988 passed by the Subordinate Judge, Narayanganj in Title Suit No. 490 of 1981 dismissing the suit.   2. The facts, in short, are that the predecessors of the present respondent Nos. 1-4 filed Title Suit No. ......sp;             Nuruzzaman (Md)......................... Appellant   Vs.   Moazzem Hossain and others.............. Respondents   Judgment   December 5,...... 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. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)

....pugned judgment.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 55 ...... Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J   Bangladesh....................... Petitioner   Vs.   Amela Khatoon and ors............................... Respondents   Judgment   ......erty till that date and that the said respondents are owning and possessing the property since that date as purchasers thereof become also highly probable and more so in the absence of any positive evidence suggesting otherwise and held that the finding of the Court of Settlement is illegal havin..

Category: Property Law | Date: | Hits: 69

Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)

....hellip;………….(19)   Expunging Adverse Remarks   Adverse remarks being extraneous to the merit of the appeals were not called for in facts of the case, such remarks are expunged………………&hellip......sp;           Mainur Reza Chowdhury J             Rajib Kamrul Hasan and 3 others ...................Appellants         &nb......   The Code of Criminal Procedure, 1898 (V of 1898), Sections 236, 237, 238 & 337   The offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman,..

Category: Criminal Law | Date: | Hits: 72

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)

.... 24 June 1999, rejected the said application. 5. The petitioner now seeks leave to app therefrom. 6. Mr. Shafique Ahmed, learned Counsel for the petitioner, tried to argue before us that on the facts and in the circumstances of the case the High Court Division was wrong in refusing the prayer ......il) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Islamic Foundation Bangladesh........... Petitioner Vs. Firoz Alam and others....................... Respondents Judgment August 12, 1999. The Code of Civil......und 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. Case Referred to- Kessewji Issur vs GIP Ry. Company, 34 IA 115 (PC). Lawyers In..

Category: Property Law | Date: | Hits: 107

Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)

....t Nos.1 and 2 had right to sell the entire suit property and, as such, High Court Division acted illegally in affirming the judgment and decree of the trial Court. He further submits that from the facts and circumstances of the case it appears that defendant Nos. 1 and 2 were coerced to enter in......nbsp;                             Nurul Islam and others.................................... Petitioners       ......oduce the probate High Court Division observed “in view of the said facts since this specific assertion was not denied specifically by the defendants either in their written statements or in evidence nor any issue was framed or the contesting defendants raised the same before the trial Cou..

Category: Property Law | Date: | Hits: 64

State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)

....f the Penal Code and the case records has already been transmitted in the Court of Metropolitan Sessions Judge for trial and next date has been fixed for framing of the charge on 19-11-2000 In the facts and circumstances of the case we hold that the learned Judges of the High Court Division did ......ental 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 civil law which provides for arrest and detention for recovery of decreetal dues and public dues…………&hellip......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. ..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)

....e seniority list, since in the instant case no question of discrimination or that of violation of any kind of fundamental right granted in the Constitution is involved.   21. The facts of the aforesaid two cases are quite distinct and different from the facts of the instant ca......   Mainur Reza Chowdhury J    Md. Gholam Rabbani J    Md. Ruhul Amin J     Bangladesh Biman Corporation and others................Appellants   Vs.   Md Tipu Sultan &......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. ..

Category: Employment/Service Law | Date: | Hits: 63

Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)

....ved by the same petitioner has filed this petition for leave to appeal.   4. Learned Additional Attorney-General appearing for the Government petitioner submits that in the facts and circumstances of the case High Court Division acted illegally in not holding that the cas......   Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner   Vs.   Chairman, Court of Settlement and others........................Respondents   Judgment  ......imitations.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 26. ..

Category: Property Law | Date: | Hits: 61

Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)

....it Jurisdiction and that section 21(1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken m consideration as far as practicable depending on facts of a given case and that there was no violation section 21 of the Ordinance.   ......     Bimalendu Bikash Roy Choudhury J   AMM Rahman J   Mahmudul Amin Choudhury J    Miah Lutfi Hossain Kasru and others................................ Petitioners   Vs.   ......o consideration.   Both the petitions are dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 25. ..

Category: Election Law | Date: | Hits: 111

Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)

....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Board of Intermediate & Secondary Education, Rajshahi represented by its Chairman and another....................... Petitioners Vs. Md. Mirajul Alam............ ......sent the report and marksheet to the Board for tabulation of the result. When the Head Examiner explained the position it was incumbent upon the petitioners to accept the same in the absence of any evidence of collusion between the respondent and the Head Examiner and in the absence of any eviden..

Category: Constitutional Law | Date: | Hits: 182

Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)

....btained leave to appeal alleging that the High Court Division erred in directing the District Delegate to act according to the provisions of section 288 of the Succession Act on a misconception of facts and law. Mr. Pal also argued that the High Court Division was wrong in holding that the Distr......164 ...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..

Category: Property Law | Date: | Hits: 67

Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 1995, 24 CLC (AD)

....y comment. The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ......:47 DLR (AD) (1995) 162. ......aintiff‑ Appellants Vs. Md. Nurul Amin and others...............Defendant‑Respondents Judgment May 23, 1995. Result: The appeal is allowed with cost. If there is misreading of evidence and non‑consideration of some material evidence then it was incumbent on the revisional c..

Category: Property Law | Date: | Hits: 46

Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)

....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mahmudul Islam Chowdhury........................Petitioner Vs. Md. Sultanur Kabir Chowdhury and others............Respondents Judgment May 25th, 1995. Lawyers Involved: ......e illegalities or irregularities, cannot be set aside unless it is proved that the result of the election has been materially affected thereby. While the Tribunal placed reliance on circumstantial evidence, namely, the trend of voting in the remaining 72 polling stations, the High Court Division..

Category: Others | Date: | Hits: 119

Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....t fulfilled because the Rules left it to the discretion of the authority to appoint an enquiry officer. If the appellant had acted without appointing an enquiry officer in view of the preposterous facts presented by the respondent, then it cannot be said that the action taken was wholly without ......l) Present: ATM Afzal J   Mustafa Kamal J      Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants         &nbs......ollows: 7(2). If the accused so desires, or if the authority so directs, an inquiry officer or a Board of Inquiry, to be appointed under rule 10, shall hold an inquiry at which oral evidence shall be heard as to such of the allegations as are not admitted and documentary evidence..

Category: Property Law | Date: | Hits: 124

Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)

.... He also stated that his father had no talk either with Jaj Mia or with him. 12. Hence, non‑disclosure of the names of the appellants in the First Information Report is not very material in the facts of the case and the learned Judges of the High Court Division correctly scrutinized the materi......Case is also Reported in: 47 DLR (AD) (1995) 149. ......gh Court Division affirmed the order of conviction and sentence. 5. Leave was granted to consider whether the learned Judges of the High Court Division failed to correctly scrutinize the material evidence of P.W.s 1, 2, 3 and 4 and also failed to consider that the names of the appellants were no..

Category: Criminal Law | Date: | Hits: 49

Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)

....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Director (Establishment and Administration) T & T Board, Tele Communication Building .....................Appellant ......o examined by the enquiry officer and he was present before the enquiry officer for the enquiry. 5. The Administrative Tribunal considered the report of the enquiry officer along with other evidence and held that the respondent No. 1 admitted the first charge leveled against him and excep..

Category: Administrative Law | Date: | Hits: 138

Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)

....nced in its exercise by considerations outside those for promotion of which the power is vested the Court calls it a colourable exercise and is undeceived by illusion". 11. He submits that in the facts of the present case from a perusal of the Enquiry Report as a whole it cannot be said that the......iluddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June ......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..

Category: Administrative Law | Date: | Hits: 175

Special Reference No. 1 of 1995, 24 CLC (AD)

.... this matter. The learned Attorney‑General has, however, offered that he will be available for any assistance that the, Court may ask from him. 8. The Court will not entertain any statements of facts/affidavits of any party. The hearing of the matter will continue without any adjournment. ......Ismailuddin Sarker J  (Special Reference No. 1 of 1995) Judgment  July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed.  This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..

Category: Constitutional Law | Date: | Hits: 248