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Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......; Syed JR Mudassir Husain CJ. - This appeal arises out of leave granted by this Division on 17-42002 in Civil Petition for leave to Appeal No. 366 of 2002 against the judgment and order dated 9-2-2002 passed by a Divis......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......tion of parties, addressing itself to wrong issue or question namely defect of parties which is not at all required to be gone into in deciding the application for addition of parties. The learned Judges of the High Court Division ought to have held that the trial Court acted without lawful auth..Category: Others | Date: | Hits: 95
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......r dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge First Appeal No. 246 of 1996 was filed, before the High Court Division by the present appellant who was contesting in the said Probate C......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......anai Lal, the appellant, Mr. M.K. Rahman did not take his consent in submitting the compromise petition. The High Court Division did not lend any importance to the said application and the learned Judges of the High Court Division finding inter alia that the allegation of fraud was concocte..Category: Property Law | Date: | Hits: 74
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......Division on 20th and 21st April, 2002 in Election Petition No. 3 of 2001 dismissing the same on the ground of maintainability. 2. The appellant, Giasuddin Quader Chowdhoury, Presented the aforesaid Election Petition No. 3 of 2001 before the High Court Division against the respondent No. ......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......Supreme Court and of any court subordinate to it. (2) The Supreme Court may delegate any of its functions under clause (1) and article 113 to a division of that Court or to one or more Judges. (3) Subject to any rules made under this article the Chief Justice shall determ..Category: Election Law | Date: | Hits: 312
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......al by leave is directed against the judgment and order dated 26.02.1997 passed by the High Court Division in Criminal Appeal No. 706 of 1996 dismissing the appeal. 2. Short facts are that informant was married to one M. A. Malik on 11.10.1991. On 28.02.1993, the informant filed an ap......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......t of the alleged offence under Section 6 of the said Ordinance. As such the framing of Charge against the Appellant under Section 6/9 of the said Ordinance is liable to be set aside and the learned Judges of the High Court division acted illegally in dismissing the appeals. 4. We have..Category: Criminal Law | Date: | Hits: 64
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ...... leave is directed against the judgment and order dated 3.12.97 passed by the Division Bench of the High Court Division in Civil Rule No. 117(F) of 1993 rejecting the appellants application praying for recalling the order dated 7.2.1996 and restoring the Rule to its original file and number aris......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ..Category: Procedural Law | Date: | Hits: 94
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......to remote areas and it was not possible to stop pilferage of power, and further a sum of Tk. 21,43,940,63 paisa remained outstanding with the Government offices and many consumers are not traceable for which another sum of Tk.4,77,181.54 remained outstanding. Thereafter, on 21.8.1996 the appellan......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......these Rules are discharged without any order as to costs." 7. Mr. Abdur Rob Chowdhury, the learned Advocate appearing for these two appellants submits that the learned Judges of the High Court division while disposing of writ petitions failed to appreciate the local ..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......ion Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for delivery of imported goods or price of the goods amounting to Tk. 4, 81,516.00. mes......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......hat Article 120 of the Limitation Act is applicable in the instant case and the period of limitation is six years from the date when the right to sue accrues." "Lastly he submits that the learned Judges of the High court Division wrongly held that the filing of the written statement by the defen..Category: Civil Law | Date: | Hits: 79
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......r dated 20.05.1996 upon the said will on contest by the parties in that case. 3. Against the said judgment and order of the District Delegate Judge First Appeal No. 246 of 1996 was filed, before the High Court Division by the present appellant who was contesting in the said probate c......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......ai, the appellant Mr. M. K. Rahman did not take his consent in submitting the compromise petition. The High Court Division did not lend any importance to the said application and the learned Judges of the High Court Division finding inter alia that the allegation of fraud was concocte..Category: Civil Law | Date: | Hits: 114
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ...... 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under Sectio......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......n Judge also made a reference for confirmation of death sentence of the petitioner. Both the appeal and death reference were heard by the Division Bench of the High Court Division and learned Judges of the High Court Division having considered and assessed the evidence on record passed..Category: Criminal Law | Date: | Hits: 55
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......way, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to tender resignation from service under BPDB with effect from 20.7.1979 for taking job abroad as at that time there was no provision for allowing an employee to go abroad ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......the writ petitioner and the cited 24 other employees of DESA are not similarly situated in that the former is a case of re-employment and latter are cause of reinstatement and as such the learned Judges of the High Court Division committed an error of law in holding that the impugned order dat..Category: Employment/Service Law | Date: | Hits: 82
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......ion by judgment dated 18th March, 1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Cha...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......is the final court of fact and we are of the view that the appeal was disposed of in a very slip shod manner which requires interference. Such type of judgment is not expected from the learned Judges of the High Court Division and as such we are inclined to send the case back to that Divisi..Category: Property Law | Date: | Hits: 32
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......s. 2. Short facts are that in the writ Petition Memo No. B-900/577 dated 16.05.2000 issued under the signature of respondent No.1. the Registrar of Trade Union declaring the committee formed under the leadership of Gazi Habibur Rahman and Md. Shafiqur Rahman respondent Nos. 5 and 6 ......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ..Category: Labour and Industrial Law | Date: | Hits: 100
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....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: 1 ADC (2004)184. ......Sahiduzzaman, in 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. M......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: 1 ADC (2004)184. ......ied for bail under section 339 C (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: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......nbsp; Mohammad Fazlul Karim J. - The accused respondent along with others were tried under section 396/412/34 of the Penal Code with allegations that on 1.10.1986 at about 8 P.M in the night informant P.O. 1 Babu Mia, P.W.2 Jogal Kumar Saha, P.W.3 Subal Kumar Saha and deceased Monsur Ali we......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......ter observing all formalities as per section 334 B of the Code. The absconding accused could not be given any opportunity for examination under section 342 of the Code and as such the learned Judges of the High Court Division acted wrongly in rejecting the reference and sending the cas..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......-13. Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For respondent Nos. 14-36. Civil Appeal No.118 of 1997. With Civil Petition for Leave to Appeal No. 220 of 1997. (From the judgment and order dated 20.6.1996 passed by ......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......o. 96 of 1993in the 2nd Court of subordinate Judge, Dhaka in respect of the self same case property which are still pending and as such the writ petition is not maintainable. 4. The learned Judges of the High Court Division held that the case property for which release is being sought wa..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......27 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was declared as enmity property by notification dated 6.10.1965 and the same was......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......sue about the legality of sale deed in question in W.P. No. 798 of 1990 subsequent W.P. No. 4127 of 1992 was not barred by res judicate. 8. It appears from the impugned judgment that the learned Judges of the High Court Division noted the assertion of the appellants that the original tenants co..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....pellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a proceeding for contempt of court whereupon the Government asked him to withdraw the said case to enable the Governm......egal. The government appellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a proceeding for contempt of court whereupon the Government asked him to withdraw the said cas......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......act as Sub-Divisional Forest Officer. A gradation list was prepared and his position was numbered as 107 but he claimed that his position would be above 103 officers. Ultimately a list was prepared for promoting 12 officers in which the name of the petitioner did not find place. He made sev...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ..Category: Administrative Law | Date: | Hits: 95
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ...... the Petitioners (In Civil Petition No. 9 of 2001). Not represented-Respondents. (In Civil Petition No. 9 of 2001). Civil Appeal No. 54 of 2001. With Civil Petition for Leave to Appeal No.9 of 2001. (From the judgment and order dated 12.7.2000 passed by the......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ...... "That in view of the existence of the statutory provisions of filing election petition as provided in Article 46(17)(ii) of the first statute, the Dhaka University the learned Judges of the High Court Division committed an error of law in passing the impugned judgment and o..Category: Civil Law | Date: | Hits: 98
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ...... Criminal Petition No. 499 of 2006) Md. B. Hossain, Advocate-on-Record-For the Petitioner (In both the cases) Not represented- Respondents (In both the Cases) Criminal Petition for Leave to Appeal Nos. 498-99 of 2006. (From the judgment and order dated 4th April, ......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......ult clause as mentioned above. 9. Being aggrieved and dissatisfied thereby, the accused-respondents preferred aforementioned appeals before the High Court Division and the learned Judges of the High Court Division in consideration of the evidence on record as well as hearin..Category: Criminal Law | Date: | Hits: 36
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