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Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......nd thereafter submitted charge sheet under the aforesaid sections and trial was held in his absence and after the trial the learned Sessions Judge and Special Tribunal Judge, Pabna, on receipt of the record registered the case as Special Tribunal Case no. 22 of 1992 and eventually the said case was ......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ..Category: Criminal Law | Date: | Hits: 89
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......he parties by impugned judgment and order discharged the Rule. Hence, is this petition. 4. In support of the petition, Mr. Sharif Uddin Chaklader, the learned Advocate-on-record, submits, inter alia, that taking cognizance of the offence under the provision of Jana ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 81
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......ed the Bank to reinstate the petitioner in his original post with arrear salaries etc. 3. The Administrative Appellate Tribunal in its turn considered the facts and circumstances and materials on record and found that in case of reduction of the post and pay scale of an Employee Rule 58 of the R......or other offences in Special Case No. 08 of 1997 and that he was also proceeded with in departmental proceeding drawn against him by the bank and ultimately the bank dismissed the respondent from service on 27.03.1997 and the appeal filed by the respondent was also dismissed and then he preferre..Category: Anti-Corruption Laws | Date: | Hits: 83
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......ereafter submitted charge-sheet against 25 accused-persons including the present petitioners under sections 302/34 of the Penal Code. 4. The trial court, upon consideration of evidence on record and under the facts and circumstances of the case, found the petitioners guilty of the o......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 99
Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)
....ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ......ge framed charged against the petitioner and others under sections 392 and 411 of the Penal Code. 2. The High Court Division discharged the Rule upon observing that in view of the materials on record there is no ground to set aside the charge already framed against the accused-petitioner and ......ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 90
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ...... 3rd Court, Sylhet in Session Case No. 42 of 1994. The prosecution examined as many as 15 witnesses and the defence examined none. 3. The trial court on consideration of the materials on record found the appellant guilty of the offence punishable under section 304 Part-1 of the Pen......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......pondent could not prove that he is entitled to any such bonus or overtime or tiffin charges as alleged in schedules B and C to his petition before the Labour Court. We have called for the office records and registers of the appellants to see by ourselves whether the respondent was entitled to t......1993 whereby the second party appellant was directed to pay proportionate dues to the first party respondents on the basis of claim made by the first party in the schedule of is petition treating his service as of a permanent worker from 15th April 1971 within 30 days from the order. Lea..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....d Japanese importer asked the respondent, many a times, to use Korean duplex board in the inner and master carton to maintain the standard of quality and durability so that the said import could find good buyers of Shrimps on Japanese local marker. In the above circumstances, the respondent felt the......ction shall be submitted, declaring on top of the bills of inter in bold letter's the word "TEMPORARY IMPORTATION' inscribed thereon and in case of any goods imported along with passengers, necessary recording may be made by the officer of Customs on the body of passport or other documents. (3......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......ion of the suit lands and the defendants denied their title on the plea of settlement taken by Mojibur Rahman predecessor of the aforesaid defendants and that the defendants wrongly prepared the record of rights in their names. The defendant Nos. 1, 2, 4 and 5 contested the suit by filing a joi......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......sively. The plaintiffs purchased this land from him by a registered kabala dated 18th February 1987 and have since been in possession thereof. During the S.A. operation the suit land was wrongly recorded in the name of Chand Mia. After his demise, the defendants in collusion with his heirs crea......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......vil petitions for leave to appeal were appointed as workers on different dates in the Labour Division of Meghna Textile Mills Ltd., Tongi Industrial Area, Tongi, Gazipur and were dismissed from service with effect from 09.08.1993 on the ground that they were convicted in Sessions Case No. 187 ..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... to section 33 of the Act which has been added to it after the amendment of the aforesaid section by virtue of provision of law Reforms Ordinance, 1978. The learned Subordinate Judge also perused the records of the Arbitration case and the award itself and did not find anything on record to interfer...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......n of India, AIR 1937 SC 386; JB Chopra Vs. Union of India, AIR 1987 SC 357. Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant. Mvi. Md. Wahidullah, Advocate-on-record-For the Respondent Nos. 3 & 4. Not Represented-Respondent Nos. 1, 2, 5-96. Civil ......e names appear in Annexure 'D' to the writ petition i. e. notification dated 23.12.1998. 6. Leave was granted to consider the contention that complain as to seniority being term and condition of service and thus being matter for adjudication within the exclusive jurisdiction of the Administrati..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......er investigation held, inter alia, that the property is not an abandoned property under the provision of P. O. 16 of 1972 ; that the aforesaid findings of the Prescribed Authority was brought on record by amendment of the plaint on 21.2.84. 3. The suit was contested by defendant Nos. 1 a......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ...... son and Ataul Haque Chowdhury died leaving behind two sons one daughter and a wife. In Khatian No. 98 Serajul Haque Mukter was the owner who settled the land with Abdus Satter and Abdur Razzaque was recorded as Khatian No. 99 in District Settlement. As the rent fell in arrear with regard to the lan......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......ons constituting various offences and the trial Court on consideration of the materials already framed charge. Before taking evidence it is too early to comment that on the basis of materials on record no Criminal Proceeding lies and therefore we do not hold that this is a fit case for quashing......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
..... 2. The facts, in short, are that the plaintiff respondent filed the aforesaid Money Suit for refund of Tk.4.81,250/-paid to the defendant-petitioner for the price of certain undelivered goods and for compensation at the rate of 20% thereon, in total for a sum of Tk.5,77,500/- and inter...... and the money paid subsequently to the defendant which has rightly been allowed by the High Court Division. 14. We have considered the submissions made at the Bar and perused the materials on record. It appears that pursuant to the tender notice floated by the defendant to sell 22 truck chas......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......nstitute the suit. 4. Defendant Nos.1-4 contested the suit by filing a joint written statement denying the material allegations made in the plaint. Their case in short, is that plot No.408 was recorded in R.S. Khatian No. 334 in exclusive possession of Abdur Rahim and plot No.407 was rec......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ...... The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: Unless there is any serious ground relating to error of law apparent on the face of the record occasioning failure of justice, review petition should not be entertained lightly. Th......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
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