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K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......pers vide reference No. 4720/E dated 3.9.2001; 4793/E dated 11.9.2001 4794/E dated 11.9.2001 and 4795/E dated 11.9.2001 but the petitioners did not give any reply of those and further two criminal case were lodged against the petitioner under Section 420 and 409 of the Penal Code as well as unde...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......sion Bench of the High Court Division in Criminal Appeal No. 13 of 1989 rejecting the prayer for bail of the appellants was considered with findings that further application for bail is not barred in case of rejection of the former application and the Vacation Bench also has jurisdiction to grant ad......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ...... 33, it can also be done without such intervention under Article 34. The argument that Article 34 cannot be resorted to without complying with Article 33 overlooks the absurd consequence that in that case Article 34 is rendered otiose altogether, for, the same relief can be had under both the Articl......r section 40. The fact that recourse has been had to the provision of section 39 or 40 does not preclude the bank from resorting again to its rights under section 41 to recover its dues as arrears of land revenue." The aforesaid observation supports the view that any of the Articles can be resort..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......f 1974), section 29 Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Special Statute, the trial will linger in the case under the special laws, whereas that under the general law shall be concluded speedily. This wi......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218....... to delegate. He could take advice, of course, but he could not, by a minute, authorise someone else to make the appointment without further reference to him." (emphasis added) 3. In the present case the Election Commission arrived at a decision on the note which was processed by its office......f the secretary as because the impugned order was the order that emanated from the election commission………..(3) Case Referred to- Vine Vs. National Dock Labour Board, 1956 Volume 3 All England Law Reports 939-1956 AC 488. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, M.A. ..Category: Election Law | Date: | Hits: 146
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ...... The Bangladesh Shilpa Bank (Direct Sale of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Co......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the case pending before the CMLA for review...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......ction of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election tribunal cases of Dhaka City Corporation. It does not exclude jurisdiction of the High Court Division under a....... The Union Parishad Ordinance referred to above (section 29(4)) is an illustration on the point. Even such expressions of finality were held to be not of any bar in a proceeding for certiorari in England or in exercise of the power of revision by the High Court in this country. In Regina Vs. Medica..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......t and the deceased were very friendly, they spent the day together immediately before the occurrence and nothing happened during the day which might have something to do with the alleged murder. In a case of this nature based only -upon the dying declaration there should have been some evidence of m......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......128 of 2001 praying for quashing the above proceeding pending in the Court of Metropolitan Magistrate Court No. 19, Dhaka stating that the complainant/petitioner on 13.1.2001 filed a complaint case against him and others on the allegations that he and others created an affidavit being No.1 ...... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......estment Limited, which became defunct in the year 1992 did not file the above suit. So we are of the view that the High Court Division on applying the principle of law as applicable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......on Bench of the High Court Division in Death Reference No. 31 of 2003 (heard with Jail Appeal No.205 of 2003) accepting the death reference and dismissing the jail appeal. 2. The prosecution case, in brief, is that the informant P.W.1 Md. Gous Uddin lodged F.I.R. stating that deceased Md. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......he defendant No.3 also obtained the opinion of the Government Pleader who gave his opinion to the effect that the exchange deed was genuine, that the defendants before finalization of the exchange case leased out the land to different persons, that finally by the order dated May 30, 1994 the Res......Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plaintiff by the defendants in respect of ..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ...... billing against consultancy service and thereby committed an offence punishable under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947, During investigation of the case by the Bureau of Anti-Corruption respondent moved the High Court Division under section 561A o......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ...... 62 of 1991 reversing those dated 28.4.1991 by the Senior Assistant Judge, Chakaria in Other Suit No. 42 of 1987 filed under section 14(2) of the Arbitration Act. 1940. 2. The facts of the case, in brief, are that respondent No.1 as plaintiff filed Other Class Suit No.42 of 1987 under se...... filed Other Class Suit No.42 of 1987 under section 14(2) of the Arbitration Act, 1940 in the Court of Assistant Judge, Chakaria under District Cox's Bazar stating, inter-alia, that, the land described in plaint belonged to Nur Ahmed and others. Accordingly P.R.R. and M.R.R. Khatians h..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......ion erred in law in holding that grant of time scale benefit is a matter of discretion of the employer and the discretion was not properly applied in withholding the time scale benefit in the case of the plaintiff-appellant opposite party and thereby arrived at a wrong decision to allow tim......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......sent in the room of the enquiry officer and he was asked to cross-examine Mr. Jabbar and others in presence of all other officers. He was not allowed to adduce evidence in support of his case. The petitioner made prayer to the respondent for changing inquiry officer but his prayer was ...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......ns are dismissed. Lawyers Involved: Dr. M. Zahir, Senior Advocate, (Rokonuddin Mahmud, Senior Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners (In both the cases). Akter Imam, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1(In both......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ...... the acceptance of the Advocate Commissioner's report beyond the time granted earlier for the ends of the Justice and the further submission that in view of the facts and circumstances of the case the question whether time granted by the High Court Division for doing an act can be exte...... 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 of 1991 against the defendant petitioner and other for declaration that they are in possession of the suit land described in 'Ka' schedule land appertaining to Plot Nos.834, 835 and 859 of Mouza Char Mominp..Category: Property Law | Date: | Hits: 31
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......ed Title Suit No. 276 of 1998 in the Court of Senior Assistant Judge, Savar, Dhaka praying for a decree of permanent injunction stating, inter alia, that they are in possession of 2080 Aujutangsha of land in plot No. 23 and 1.161/2 acres of land in Plot No. 25 by fencing, earth filing, planting tree..Category: Civil Law | Date: | Hits: 116
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