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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. ......969), Section 180 The Constitution of Bangladesh, 1972, Article 102 Only that person is entitled to get a show cause notice from whose custody the goods in question is seized. The goods being seized from an abandoned truck and therefore the order of conf......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......dure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowed to introduce a new case whic......vision set aside the said order 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..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. ...... a copy of this order was received by Bangladesh Bank they are bound to obey this order from the highest court of the country. It is submitted that in the suit itself composition of the Board is in question and when there was a direction from the Appellate Division to maintain status quo it must ......suit is still pending. Thereafter orders dated 14th June, 2000, 16th October, 2000 and 6th November, 2000 have been issued by the present petitioners. The High Court Division on consideration of the facts and circumstances of the case made the Rule absolute earlier issued and declared that the af..Category: Business or Commercial Law | Date: | Hits: 131
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ......on under the repealed provision of section 115(3) of the Code, High Court Division made the Rule absolute. Leave was granted at the instance of the judgment debtors by this Division to consider the question whether a petition under Order 21 rule 32 of the Code was maintainable. The appeal was al...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ..Category: Property Law | Date: | Hits: 57
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ...... The Constitution of Bangladesh, 1972, Article 104 Since the learned Advocate for the petitioners has not assailed the impugned judgment and agitating questions which were not agitated before the High Court Division, the honorable Court is not inclin...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ..Category: Property Law | Date: | Hits: 80
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. ......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......eceiver, Officer-in-Charge, Motijheel PS to hand over possession of Holding No. 59 and 59/1 Purana Paltan, Dhaka to Humayun Kabir, second party in that proceeding. 2. The short facts of the case are that, the respondent No. 2 the informant first party Mr. Azizur Rahman, Sub-..Category: Criminal Law | Date: | Hits: 62
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......e National Board of Revenue passed the impugned order refusing to grant antedated seniority. NBR is the final higher administrative authority for the purpose of granting antedated seniority so the question of filling an appeal to higher administrative authority does not arise……&hel...... 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. ..Category: Administrative Law | Date: | Hits: 93
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. ......irs of the appellant No. 1 (Kha) of the appeal in the civil revision but that was not also allowed by the learned Single Judge nor the prayer for keeping them on record. 3. The question now is, whether the instant appeal should be allowed on the grounds taken in the leave pe......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. ..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 ......pears that the Government petitioner did neither treat the disputed property as abandoned property nor took any step to take over possession of the same till publication of Gazette notification in question. Since no notice as contemplated under section 5(1)(b) of the said Ordinance was issued to......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ..Category: Property Law | Date: | Hits: 69
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. ......e prosecution has been able to prove an offence under section 9(Ka) against the appellants and consequently, found them guilty under section 9(Ga) of the said Ain. 9. The only question remains to be decided is, whether the prosecution has been able to prove the ingredients o......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..Category: Criminal Law | Date: | Hits: 72
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
.... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ......ion which summarily rejected the Revisional application. 3. Learned Advocate for the petitioner submits that petitioner being minor at the time of execution of the solenama in question High Court Division acted illegally in not reversing the judgment and decree of the court ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ..Category: Property Law | Date: | Hits: 49
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.......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....... 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 ..Category: Property Law | Date: | Hits: 107
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ......sp; 6. Learned Advocate for the plaintiff- respondents submits that defendants having not specifically denied the plaint assertion of obtaining probate they are debarred from raising such question in view of the provisions of rule 5 of Order 8 of the Code of Civil Procedure. He further ......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..Category: Property Law | Date: | Hits: 64
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. ......d sworn an affidavit before the Notary Public. The truth or falsity of this document will be gone into at the trial. This affidavit cannot have any bearing at the present moment in considering the question of bail of the accused-respondent. Further, we also find that the accused-respondent was f......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 ..Category: Criminal Law | Date: | Hits: 68
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. ......its powers and functions under this Order.” 9. In the present case the order was passed by the acting Chief Election Commissioner alone and not by the Election Commission. The moot question is whether a member who was acting as Chief Election Commissioner can perform all or any o......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. ..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. ......ement of retroactivity involved. Of course, the rules will not operate to deprive any person of promotions already earned in the past 19. Since in the present case there in no question of depriving the respondent Nos. 1 and 2 of their earned right of promotion, so the decisi......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..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ...... July 6, 2000. The Constitution of Bangladesh, 1972, Article 104 The government admitted the property in question not being abandoned property and that has been wrongly included in the ‘ka’ li......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..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ...... examining the relevant file of the office of the Thana Nirbahi Officer Lalmohan, in the first writ petition found that population census of 1991 showed 39 increase of population per year and that question o variation of population taken in the other petition is disputed question of fact which ......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. ..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 ......ts it was found that the Head Examiner after sending his report and marksheet for the purpose of tabulation of result illegally added marks in English II paper script by interpolation in respect of question answer Nos. 5 and 7 by making "o" into "1" and "8" into '9'......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 ..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... 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 ......e observed in his judgment that it was admitted by both the parties that the‑ mother of the testator Shusila Bala Ghose was still alive and according to the Dayabhaga School of Hindu Law, the question of inheritance of the property of Dayal Chose by his brother does not arise so long as Sh......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..Category: Property Law | Date: | Hits: 67
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