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Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....iling market rate, other then the modes of disposal being on a monthly rental basis and disposal by outright action. 9. The procedure has been laid down in rule 10(b) thereof for disposal on higher purchase system and under rule 10(3) thereof the price of the building for disposal on higher...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ot say that the confession is to amount to proof. Clearly there must be other evidence. The confession is only one element in the consideration of all facts proved in the case; it can be put into the scale and weighed with other evidence". 22. The question of weighing of confessional statemen..Category: Criminal Law | Date: | Hits: 63
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ter considering these rules it was held in Ruhul Amin's case: "These provisions imply that if any appeal is provided against the decision of an Election Tribunal, it must lie to a person or authority higher than such Tribunal and at the same lime exercising the powers and functions of a Court, parti......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....body of Siraj and heard the names of the assailants from P.Ws. 1,4 and others. These 4 witnesses, as found below, arc interested like the main witnesses and their evidence cannot be placed at a higher place than that of the main witnesses. 15. Evidence of P.Ws.1, 3, 4, 5 and 6 faced another...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....he Government. He was absorbed as a surplus officer as Assistant Director in the N.S.I. It is also not disputed that under the N.S.I, the respondent was absorbed in an equivalent post and not in a higher post. So, in our view, there is no cogent reason to deprive the respondent from the benefit ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ..Category: Administrative Law | Date: | Hits: 111
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ...... as Munsiff at Mymensingh Sadar on 10:2.69 and by dint of his merit and diligence he was duly promoted as Subordinate Judge and then as Additional District and Sessions Judge and he also got a time scale; while the petitioner was serving as Additional District and Sessions Judge at Jessore by No..Category: Administrative Law | Date: | Hits: 92
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....is writ-petition, is that he joined the then EPIDC as an Assistant Engineer in 1960. While he was working as a Senior Research Officer in the then PCSIR he got a scholarship and went to England for higher studies leading to PhD, that while he completed his MS in England, the liberation war of Ba......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....dministration of justice. If it comes to this conclusion, then it has the power to call for additional evidence subject to the condition that it must record its reasons for doing so in order that a higher Court may be able to ascertain that the need was not merely imaginary but based upon factual...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... convention, which in turn chooses the national delegates. The minority voters in the country are not disenfranchised, as they would be under an untidy system, because they will be represented at higher levels by a delegate who, though committed to a different point of view, can think, comprom......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....9-71 the High Court retained the superintending power". It was stated: "Special Courts having exclusive jurisdiction will function beyond the control and superintendence of the higher judiciary-a proposition which is dangerous to conceive in a Society which is governed by Ru......that a number of important questions of public importance have been raised which require authoritative interpretation by this Court. Hence leave is granted for consideration of these points in full scale." 9. Article 100 of the Constitution as amended by 8th Constitutional Amendment has been a..Category: Constitutional Law | Date: | Hits: 1934
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....tiff and other loanees of the defendant No.1 for the Multi-storied Housing Scheme with floor space limit 1500 sft. per unit are not liable to pay interest and monthly repayment instalment at any rate higher than the rate specified in their respective sanction letters; (b) that it be further dec......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... possession of the premises. It is the respondent who by his letter dated 7.12.83 informed the appellant that he was not ready to allow her to continue as a tenant on the existing rent but demanded higher rent of Tk. 4000/- as against Tk. 750/- under the Agreement, due to expire by 31.12.83. Secon...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....nt No. 2 was junior to him by 7 years, he having been appointed on 26.4.72 and the respondent No.2 on 5.5.79 as Assistant Engineers. It was claimed that the appellant was entitled to promotion to the higher post of Executive Engineer on the basis of seniority. The appellant alleged that responde......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....d title and also got possession in the suit land on the basis of benami purchase in the name of Jadhulal which was confirmed by the decree in T.S. No. 314 of 1967 which remained unchallenged in any higher forum. The appellate Court, namely the Subordinate Judge, reversed this finding, found th......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
....alments spread over a long period of time and that even if he had failed to pay a particular instalment in lime he could not be a defaulter, for, such instalment is recoverable with penalty by way of higher rate of interest. He alleged in his petition that the impugned provision of disqualification ......e Union Parishad. Again, if the purpose of the impugned legislation were to help recovery of loans taken from State-owned banks and thereby to salvage the national economy from ruin caused by large scale nonrecovery of the loans, then this purpose would be better served by bringing members of Parl..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....observed that the relief of temporary injunction may be granted to the employee of a statutory body who has brought an action challenging an order of his removal from service or even reversion from higher post to lower post. There cannot be much dispute with this broad proposition but the question......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....tion agreement as laid down in section 3 of the Act. In observing that the revisions of the First Schedule in so far as icy were made the terms of the Arbitration agreement did not acquire a status higher than the other terms of the same, the Court observed: "The proposi......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....ersons it could have earned interest at 15.5% per annum. Alternatively, if the appellant company had to borrow this amount from any other financial institution it would have to pay interest at a rate higher than 12% per annum which was awarded by the trial Court. This is the minimum rate according t...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..Category: Civil Law | Date: | Hits: 110
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....ation of justice. If it comes to this conclusion, then it has the power to call for additional evidence subject to the condition that it must record its reasons for doing so, in order that a higher Court may be able to ascertain that the need was not merely imaginary but based......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
.... binding upon him and that he had been still in service. 2. Facts as stated in the plaint are that the plaintiff-respondent was appointed as L.D.C. on December 18, 1965 and promoted to the higher post of Clerk-cum-Store-Keeper on September 1, 1966. On January 12, 1978 he was again promot......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
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