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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. ......t Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceedingâ€...... Rouf, Deputy Attorney-General, with him) instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 99 of 2005 (From the judgment and order, dated 4tn January 2005 passed by the High Court Division in Criminal Miscellaneous Case No. 8..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....occurrence. The fact that there is no evidence as to who brought the dead body of Tutul from the Cinema Hall to the hospital is also of no consequence. The High Court Division was totally in error of law in finding misreading of evidence without pointing out where the misreading by the trial Court h......e Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J State................Appellant Vs. Wasikur Rahman and other.................Respondents Judgment November 15, 2005. The Code of Criminal Pro...... prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such circumstances, benefit of doubt goes in favour of the accused……….(18) Before an order of acquittal is reversed it must be shown that the Judgment is not only unreasonable and manif..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
.... the proforma-respondent No. 6 herein giving promotion to the proforma-respondent Nos. 8 and 9 by superseding the writ-petitioner-respondent No. 1 should not be declared to have been issued without lawful authority and is of no legal effect and why the writ-respondent No. 2 should not be directed......usain J Md Fazlul Karim J MA Aziz J Bangladesh Agricultural Development Corporation (BADC).................................Petitioner Vs. AKM Abdus Salam and others...........Respondents Judgment March 13, 2005. The Bangladesh Agr......ngir, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 838 of 2004. (From the judgment and order dated 11th February 2004 passed by the High Court Division in Writ Petition No. 5360 of 2003)..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: ......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md. Idrish Miah............. Amir Hossain, Advocate-on-Record— For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 118 of 2002. (From the judgment and order dated 22-3-1999 passed by the High Court Division in Appeal No.6 of 1996). Judgment ..Category: Administrative Law | Date: | Hits: 112
Government of BanglaÂdesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....nt of the custom duties and VAT etc. Section 25 of the Special Powers Act is designed towards a person or persons, i.e. whoever, in breach of any prohibition or restriction imposed by or under any law for the time being in force or evading payment of customs duties or taxes leviable thereon unde...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr..............................instructed by ASM Khaleque, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos, 2 & 3. Civil Appeal No. 25 of 1999. (From the judgment and order dated 10th June 1998 passed by the High Court Division in Writ Petition No. 1515 of 1988). ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
.... and Land Reforms, Government of Bangladesh and conveyed by Annexure-K in Writ Petition No. 428 of 1989 and Annexure-J in all the other writ-petitions should not be declared to have been made without lawful authority and to be of no legal effect. 3. The case of the writ-petitioner-respondent Kha......ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti...... The writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms and conditions of the lea..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
.... (whole). The respondents contested the writ petition contending that the assessment of customs duty @ 45% on the imported Dunpeas (motor dal) fixing the tariff value @ US$ 280 per MT is valid and lawful. The High Court Division rejected the claim of the petitioner that the consignment imported ......aque J Md. Tafazzul Islam J Girilal Garwala………………………..Petitioner vs Collector of Customs, Chittagong and others..........................Respondents Judgment October 26, 2003. ......mdash;For the Petitioner (In all the cases). Not represented—Respondents (In all the cases). Civil Review Petition Nos. 52, 53 & 54 of 2000 (From the judgment and order dated 24 February 2000 passed by the Appellate Division in Civil Petition Nos. 830,831 & ..Category: Business or Commercial Law | Date: | Hits: 88
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
......Respondents Judgment November 30, 2005. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXI, rule 1, Order XII, rule (1) The settled law by now is that an order of status quo is an order of injunction directing the parties to the sui...... order of status quo is an order of injunction directing the parties to the suit to restrain themselves from doing any act which may bring about change in the position of the parties or in the nature and character of the property which is the subject-matter of the suit and as to possession of such p......ment November 30, 2005. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXI, rule 1, Order XII, rule (1) The settled law by now is that an order of status quo is an order of injunction directing the parties to the suit to restrain themselv..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....having had not said that he killed his wife for non-attending the demand of dowry the conviction of the condemned prisoner under section 10(1) of the Ain and the sentence passed thereunder was not lawful, that the High Court Division wrongly placed reliance on PWs 3, 5,. 6, 7, 12 and 14 in comin...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ...... Md. Ruhul Amin J.- This appeal by the condemned prisoner is against the judgment and order dated January 25,2003 of a Division Bench of the High Court Division accepting the Death Refe..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
..................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the sui......preme Court Appellate Division (Civil) Present : KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Dulal Chandra Das & ors... .................Appellants Vs. Ratan Chandra Sarker and oth...... Dispensed with— Respondent Nos. 2-5 & 17-20. Ex parte—Respondent Nos. 6-8 & 13-16. Civil Appeal Nos. 18 & 19 of 1999. (From the judgment and order dated 5-5-1998 passed by the High Court Division in Civil Revision Nos. 560 & 149 of 1996..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....pliance of the provisions of section 5 of Ordinance No. XIV of 1985, the property was wrongly included in the ‘Ka’ list of the abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 53 DL......l Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban DevelopÂment and another..........................................Respondent Judgment......possession has been taken by issuance of notice under article 7 of President’s Order No.16 of 1972. No notice being served under article 7 upon the appellant entitling him to challenge the order treating the property as abandoned. Because of non-compliance of the provisions of article 7 a..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....e 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. The Sub-rule (2) of Rule 7 provides that after receiving of the statement of defence from the ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ......................mayun Hossain Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 1490 of 2003. (From the judgment and order dated 15th September, 2003 passed by the Administrative Appellate Tribunal in Administrative ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....m, the learned Advocate appearing on behalf of the petitioners, has taken us through the impugned judgment and order passed by the courts below and submits, inter alia, that there is serious error of law committed by the High Court Division and that the courts below did not consider that the two pol...... 58 DLR (AD) (2006) 13......., instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not Represented—the Respondent. Criminal Petition for Leave to Appeal No. 48 of 2003. (From the judgment and order dated 13-11-2002 passed by the High Court Division in Death Reference No. 23 of 1999, Criminal..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....tion for issuance of NOC for the purpose of licence for exhibiting cinema being merely directory, the Courts below including the High Court Division erred in holding that the NOC was issued without lawful authority. The learned Counsel further submitted that having regard to the frame of the suit...... Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Ci......bur Rahman, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1699 of 2001. (From the judgment and order dated 22 May 2001 passed by the High Court Division in Civil Revision No. 4924 of 1998). ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ontention of the learned Advocate for the respondent is that approval of the Secretary of the concerned Ministry and State Minister of the Ministry were obtained but in our view the requirement of law is that the appellant's removal from service is to be made by the appointing authority, that is...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 20......aruna May Chakma, Additional Attorney-General with him) instructed by B Hossain, Advocate-on-Record—For the Respondents. Civil Appeal Ho. 299 of 2002. (From the judgment and order dated 28-1-2001 passed by the Administrative Appellate Tribunal in Appeal No. 127 of 1999). ..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....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. ......immediately. Ed. ...... Abdul Malek, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent Nos. 1-9 and 11-13. Criminal Appeal No. 20 of 1989 (From the judgment and order dated 5.12.85 passed by the High Court Division, Dhaka, in Criminal Appeal No. 232 of 1984)...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. ......, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioners. EX parte – Respondent. Criminal Petition for Leave to Appeal No. 45 of 1991. (From the judgment and order dated 13.6.91 passed by the High Court Division, Dhaka, in Criminal Appeal No. 410 of 19......structed by Md. Nawab Ali, Advocate-on-Record - For the Petitioners. EX parte – Respondent. Criminal Petition for Leave to Appeal No. 45 of 1991. (From the judgment and order dated 13.6.91 passed by the High Court Division, Dhaka, in Criminal Appeal No. 410 of 1991)...Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....h Court Division, for different reasons, some of which are common, dismissed all the petitions, but issued the Certificate since the matter is of public importance involving a substantial question of law as to the interpretation of the Constitution. 2. Upazila Parishads, formerly named Thana ......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operaÂtive, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ......both the appeals) Not represented - Respondents (In Civil Petition No. 118 of 1992). Civil Appeals Nos. 3 and 4 of 1992 and Civil Petition No. 118 of 1992. (From the judgment and order dated 19.12.1991 passed by the High Court Division, Dhaka, in Writ Petitions Nos. 2937 and 300..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
.... maintainable inasmuch as a Company cannot hypothecate/mortgage/use as security its own shares. 5. The learned Judge of the High Court Division upon a consideration of the various points of law as raised by the parties decided in favour of the respondent Bank and accordingly allowed its a......J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Law......instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent Nos. 2-8. Civil Appeal No. 74 of 1990. (From the judgment and order dated 1st April, 1990 passed by the High Court Division, Dhaka in Admiralty Suit No. 30 of 19..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......l J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents &......in, Advocate-on-Record -For the Petitioner. Not represented –Respondents. Criminal Petition for Leave to Appeal No. 18 of 1991. (From the Judgment and order dated 10.12.90 passed by the High Court Division, Dhaka in Criminal Appeal No. 211 of 1987.) ..Category: Criminal Law | Date: | Hits: 61
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