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Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......6 dismissing the appeal. 2. The prosecution case, in short, is that the accused petitioner was a Chairman of Cox's Bazar Pourashava and in such capacity he received a Cheque dated 20.10.1984 for an amount of Tk. 10 lac donated by the then President of Bangladesh for development works of t......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......l review petition. 6. Mr. Syed Mahbubar Rahman, the learned advocate-on-Record for the petitioner submits that the specific contention of the petitioner is that the learned Judges of the Appellate Division committed and error of law in dismissing the Criminal Appeal..Category: Criminal Law | Date: | Hits: 43
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ...... Siddique, Advocate-on-Record-For the Petitioner. Nazrul Islam Talukder, Deputy Attorney General, instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 03 of 2008. (From the judgment and order dated 20.09.2007 and 23.09.......n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......d the High Court Division filing Criminal Appeal No. 4314 of 2004 and Death Reference No.98 of 2004 submitted by the learned Nari-O-Shishu Nirjatan Daman Tribunal, Faridpur. The learned Judges of the High Court Division upon, hearing the parties vide judgment and order dated 20.09.200..Category: Criminal Law | Date: | Hits: 96
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......37;-২/৩/২২৬২/৯৭/৩৯-২ dated 06.04.1999 (annexure-H to the writ petition) cancelling the permission which was given on 28.08.1997 for the construction for 20 storied residential building and thereupon cancelling the plan for the......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......n of the principle of natural justice and it can not be sustained in law." 5. The learned Counsel for the appellant has urged the following grounds: - "For that the learned Judges of the Hon'ble High Court Division ought to have take into consideration that the alleged pe..Category: Property Law | Date: | Hits: 28
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......ce to the west of the house of Respondent No. 3, Sajjanashin of the Darbar of the house of Respondent No.3, Sajjanashin of the Darbar Sharif. On 18th March, 1995 the Respondent No. 1 filed petition before the Court of Magistrate, 1st Class, Chittagong alleging that on 17th January, 1995 his father A...... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......e respondent No. 1 filed an application under section 561A of the Code of Criminal Procedure before the High Court Division and the same was numbered as Criminal Revision No. 352 of 1999. The learned Judges of a Division Bench of the High Court Division without issuing Rule and that also without hea..Category: Criminal Law | Date: | Hits: 37
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......ivision in appeal acquitting the accused, respondent Nuru Mira, who was convicted earlier by the Additional Sessions Judge, Barisal, under section 304 of the Penal Code and sentence to imprisonment for life, The impugned order and judgment of the High Court Division is dated 9 January 1986 in Crl......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ...... of murder convicted and awarded him the sentence as mentioned above by the Judgment and order dated 25 July 1983 in Session Case No. 323 of 1979. 3. On appeal filed by him the learned Judges of the High Court Division found that the prosecution failed to prove the place of occurrenc..Category: Criminal Law | Date: | Hits: 44
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ...... of Sahiduzzaman, hi which he stated that accused Respondent No. 2 Md. Abdur Rahman attacked him and struck on his abdomen, hand and head with broken handle of a chair causing fractures on his head for which he was treated at the Combined Military Hospital. On the same day C.S. witness No. 16 S. ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......ied for bail under section 339C (4) of the Code of Criminal Procedure before the trial court for the third time which was rejected on 09.09.1995, against which they obtained a rule and the learned Judges of the High Court Division granted bail to the accused respondent for ends of justice up to ..Category: Criminal Law | Date: | Hits: 44
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......n, (hereafter referred to as the Rules), they have been heard together and will be disposed of by this judgment. In W. P. No. 1374 of 1990 the appellant obtained a Rule Nisi challenging the aforesaid Rules and Memo No.21(8) Admn-9/89/337 dated 10.6.90 issued by the Secretary (Administrati......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......ty of the Freedom Fighters) Rules, 1979 to have been made without any lawful authority under Art. 133. Mr. Ahmed pointed out that this decision was cited in the High Court Division but the learned Judges did not consider the same on the ground that the judgment in that case had abated, against w..Category: Employment/Service Law | Date: | Hits: 106
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......hbubur Rahman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 1. None represented-For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 326 of 2005. (From the judgment and order dated the 9th April, 2005 ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ..Category: Criminal Law | Date: | Hits: 41
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357; Wright, Crossly and Co. S.T.M. 15 RFC 131; Ellis & Co. T.M. 21 RFC 617; G.C.H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C. 58); K......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......iples of international law or statutes designed to implement particular treaties on such matters as diplomatic privilege. It is submitted, further, that their approach is potentially dangerous. The Judges wish to keep government officers of their international obligations, but in fact they are cha..Category: Intellectual Property Law | Date: | Hits: 233
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......a Clerk Cum Store Keeper under BADC. While posted at Bhola Kheyaghet fertilizer godown, he was implicated in Bhola RS Case No.1 dated 7 October 1974 which gave rise to special case No. 8 of 1977 before the ex-officio Special Judge, Bakergonj. The learned Special Judge convicted him under se...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......nd had not attained the age of superannuation and was, therefore, entitled to be reinstated under the said ordinance to his post which had not been abolished. Accordingly the learned Judges of the High Court Division declared that the impugned memo dated 18 May 1986 refusing t..Category: Employment/Service Law | Date: | Hits: 97
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......f sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defendant No. 1 Chandra Shekhar Mallick who was a stranger to the holdings to which the suit property appertains for a consideration of Tk. 8,000/-. On 23 November 1979 when the deed of sale dated 1 August 1979 wa......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......e judgement of the High Court Division is a proper judgment of reversal. 6. Appearing in support of the defendant-appellants Khandaker Mahbubuddin Ahmed, learned Counsel submits that the learned Judges of the High Court Division did not consider all the material facts and circumstances and the ..Category: Property Law | Date: | Hits: 66
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......uses Act 1897, is amenable to the writ jurisdiction of the High Court Division under Article 102 of the Constitution. 2. The relevant facts are as follows:- Respondent No.1, Abdul Khaleque, former Secretary of the appellant's Society, was dismissed from service by an Ad hoc Managing Commi......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......r a local authority, as provided in the Constitution, and as such the High Court Division has no authority to interfere with its affairs under Article 102 of the Constitution. 4. The learned Judges of the High Court Division by the impugned judgment and order held that since the Managing C..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......e High Court Division discharging the Rule Nisi in Writ Petition No. 688 of 1987. 2. Respondent No. 2, worker under the appellant, took leave upto 23-9-80 on 19-9-80. He fell ill and applied for leave from time to time. When he applied for leave for two months from 25-9-80 the appellant se......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ...... soundness of the health of the worker in performing his assigned job that determines his "continued ill-health". The connotation of "continued ill-health" given by the learned Judges in the impugned judgment will put that expression into a straitjacket of an inflexible ..Category: Labour and Industrial Law | Date: | Hits: 72
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
.... 1977 on 7.10.77 the judgment in Writ Petition no. 67 of 1976 stood annulled and ceased to have any effect. As such the property in question remained vested in the Government. At the hearing of the contempt Rules on 4.4.94 appellant no.1 did not press the said Rules which were accordingly discha......udgment and order dated 7 June, 1994, passed by a Division Bench of the High Court Division summarily rejecting the writ petition. 2. In the said writ petition the appellants prayed for a Rule Nisi upon the respondents to show cause as to why they shall not be directed to make ov......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..Category: Property Law | Date: | Hits: 39
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ...... owning, possessing and enjoying the entire 'A' schedule land inclusive of the 'B' schedule land. But defendant No. 1 encroached and trespassed upon the disputed 'B' schedule land. Hence the suit for declaration of title and recovery of possession in respect thereof. 3. Defendant No.1, on the......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......t the contents of the document attested by him beyond his mere attestation. Therefore it cannot be said that Sheikh Bagu was in any way bound by the transaction by the kabala in question. The learned Judges of the High Court Division have therefore misdirected themselves in law in holding that Sheik..Category: Procedural Law | Date: | Hits: 36
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......d and his younger brother also died in a serious accident. Due to several such family troubles he was attacked with serious diseases. On several occasions he had to avail of leave on medical ground for treatment and rest. Lastly on 10.12.89 he again fell ill and by sending a leave application wit......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......ving failed to prove the physical incapacity of respondent No. 2 the Labour Court rightly set aside the impugned order of discharge. 7. Leave was granted to consider whether the learned Judges of the High Court Division were justified in holding that for discharging a worker under Se..Category: Employment/Service Law | Date: | Hits: 100
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......of 1973. 2. The plaintiff- the People's Republic of Bangladesh - respondent instituted O.C. Suit No. 102 of 1973 against defendant No. 1, Md. Shamsul Huda and defendant No. 2 Benode Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performanc......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......udgment and decree of the trial Court the plaintiff-government preferred F.A. no 22 of 1991. Defendant No. 1 - appellant contested the appeal in the High Court Division. 7. The learned Judges of the High Court Division allowed the appeal and reversed the judgment and decree passed by..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......arted that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazette Notification SRO No. 364-1/86 dated 23.9.8......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......missed the case on the finding that the property was rightly enlisted as abandoned property. 5. Both the writ petitioners obtained a Rule Nisi in their respective writ petition. The learned Judges of the High Court Division made the Rule absolute by a common Judgment and order dated 9.7.1..Category: Property Law | Date: | Hits: 23
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ...... 17.3.93 retired the petitioners from service without paying their entitlements/dues but with the rider that those will be paid as soon as their accounts are finalised. The writ petitioners waited for long 17 months but the Corporation did not pay their arrear dues rather kept them illegally out......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......eir dues/benefits/entitlements and only a minor or portion of the dues as regards their leave account remained unpaid as the Govt. did not then communicate their decision in that regard the learned Judges of the High Court Division erred in not holding that the writ petitioners by there conduct w..Category: Employment/Service Law | Date: | Hits: 66
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......Memo of Appeal, F. A. T. No. 177 of 1996, on the ground that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... on 23.5.96 and thereafter by filing an application on 30.6.96 under section 148/149 read with Section 151 of the Code of Civil Procedure prayed for registration of the appeal but the learned Judges of the High Court Division upon taking an erroneous view that the Artha Rin Adala Act being ..Category: Civil Law | Date: | Hits: 87
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