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Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......it Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was acquired and he and other heirs already received compensation from the autho..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......Channel he was challenged by the Customs Surveillance Team and was taken to the room of the Officer-in-Charge and on search 320 tolas of gold from two bags and 30 computer processors from his briefcase were recovered. Those articles were seized and a seizure list was prepared and the respondent ......een him and the Officer and he was implicated in Cantonment PS Case No. 12 (11)/97 on a first information report lodged by Customs Inspector on the allegations, inter alia, that the respondent landed at Zia International Airport from Thai Airways on 10-11-1997 at 12-25 hours. After completi..Category: Criminal Law | Date: | Hits: 57
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. ......State................... Respondent 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 ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......other.................Respondents Judgment November 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 417. Departure, contradiction and embellishment in the prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such ci......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......t-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 to consider the case of the writ-petitioner-respondent for promotion, contending, inter alia, that the petitio......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..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: ...... allowed to cross-examine the witnesses to defend himself and, as such, he has been prejudiced. 3. The Respondent then moved the Administrative Tribunal in Case No. 41 of 1990 and the case was dismissed by the Administrative Tribunal. 4. Being aggrieved the Respondent moved ......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: ..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......used has been acquitted of the charge of smuggling in the Special Tribunal Case under the Special Powers Act, the offence being against the accused persons but not against the smuggled goods. This case being under section 156 of the Customs Act for bringing smuggled goods inside the country. Sec...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......y 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 Khasru Mia and 38 others was that they formed a Krishi Farmin...... Habigonj in 1974 for mechanized cultivation. The said Samity was registered under the Co-operative Societies Act, on 21-3-1974 vide Regd. No. 2109; that all the aforesaid 39 members of the Samity as landless peasants filed applications to the Sub-Divisional Officer, Habigonj in their individual cap..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......t re-hear the matter on merit already disposed of. The review petitions are dismissed. Lawyers Involved: ASM Khalequzzaman, Advocate-on-Record—For the Petitioner (In all the cases). Not represented—Respondents (In all the cases). Civil Review Petitio......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 88
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......rder of status quo the petitioner was required to file an appeal and that the order of status quo so passed cannot be said illegal since the Court is very much competent to pass the order impugned in case the Court feels that the order would advance the cause of justice. 5. The order directing t......ect of the property described in the 'Kha' schedule of the plaint till filing of the written objection. The order of status quo relates to making construction changing the nature and character of the land in suit and transfer thereof. 2. As against the said order of status quo the defendant-pet..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......dgment as mentioned hereinabove acquitted two other condemned prisoners upon rejecting the reference so far the same relates to them as well as upon allowing their appeals. 3. Prosecution case, in short, was that Mahmuda Sultana Mammi (victim) was married to condemned prisoner Abul Kala......illed the victim for dowry and in the Diary also material Exhibit 1(c), there is no mention of "Joutuk” 43. PW 1, the informant, stated that on 30-10-99 at about 7-3.0 PW 18, the landlord of the house of the condemned appellant, informed him that his sister has been killed and..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......possession of the plaintiff. Being aware that the property was enlisted as enemy property, he purchased it from the vendor by a kabala dated 25.3.85. Consequently he acquired no title in the case property on the basis of his kabala deed. Cases Referred to- Abdul Kade......08 (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 suit land for more than sixty years. Thus the High Court Division was totally wrong in making the rule ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......tition No.50 of 1996 affirming those of the respondent No. 2 i.e. the Court of Settlement, in Case No. 11 of 1989 in respect of House No. 24/10, Block-C, Tajmahal Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ...... 14-12-87 dismissed him from service and being aggrieved he preferred appeal to the petitioner No. 1 which was also rejected by order dated 28-12-88. 3. The petitioners contested the above case by filing written statement contending, inter alia, that the respondent on 9-7-1987 at 12 noon......ce about his illness and after recovery he attended office on 15-7-87 and submitted petition for leave supported by medical certificate and then on 26-7-87, receiving the information that following land dispute his wife was attacked and injured by miscreants, he on verbal permission from his offi..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......tible conclusion that the offence alleged against the petitioners has not been committed by them in the discharge of the official duty, section 197 Cr.P.C. has no manner of application in the present case…………..(21) The two petitioners as members of the Police Establishment were on officia...... death to imprisonment for life. 2. Facts revealed in the leave petition, in short, are that on 21-9-1990 Abdul Aziz, brother of Abdul Kader Mridha, PW 1 and his son Hanif went to cultivate their land while co-accused Mokbul Mridha and others forcibly entered into the land of Plot No. 216 with t..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......could not be permanently injuncted from using the premises for which the same was constructed. The learned Counsel further submitted that the High Court Division has misapplied the decision in the case of Magistrate, Lahore vs Sayed Fayezuddin and others reported in 17 DLR (SC) 309. 6. ......oreganj is null and void, illegal and not binding upon the plaintiffs and also for permanent injunction against the petitioner and defendant-respondent Nos. 14-17 stating, inter alia, that the suit land appertaining to Mouza Majlishpur under Police Station Bajitpur, Kishoreganj under Khatian No. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......p;. others..............Respondents Judgment June 14th, 2004 The Constitution of Bangladesh, 1972, Article 135(2) The appellant being in service of the Republic, in case of her removal, she is eligible for protection under Article 139(1) of the Constitution. She c...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..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. ....... Azimuddin had been acquitted by the trial Court; his acquittal was not challenged in appeal; but he has been included among the accused‑respondents in this appeal by mistake. 2. The case arose from a complaint petition (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensing......ring Nos. 3575, 3576 and 3577, all dated 7 February, 1981, were registered on 10 February, 1981, in the Mymensingh Sub‑Registrar's Office. By these three Sale-deeds, an area of 16.57 acres of land belonging to and in possession of the complainant and his three co-sharers, all residing ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... inconsistent with Articles 9 and 11. As to Articles 59 and 60, which are undisputedly enforceable judicially, Respondent's contention was that provisions of these two Articles would not apply in the case of the Upazila Parishads since these Parishads are not Local Government within, the meaning of ......ew extensive reference have been made to the historical development of local government institutions in our country as well as in some other highly developed democracies of the world, particularly England, USA and France. 10. Local government institutions, particularly in urban areas in our c..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......Commercial Bank Limited, briefly UCBL (respondent No. 1 herein) registered in the name of Khondkar Mahtabuddin Ahmed, judgment-debtor No. 2 in the aforesaid Admiralty Suit. 2. Facts of the case, briefly, are that the appellant obtained a decree for an amount of US $ 1, 27,089.70 against ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
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