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Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......ppellant Vs. The State...............……………………………………...............Respondent Judgment February 27, 1990. Result: The appellant is directed to take steps for getting his appeal hear. Bail Matter The appellant getting ad-interim bail continued on s......ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ..Category: Criminal Law | Date: | Hits: 64
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ...... Judgment February 25, 1990. Result: The appeal is dismissed. The Penal Code (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calcula......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ...... was covered by Exception I to section 300 of the Penal Code. In other words, the argument was that the appellant, if at all, was liable for culpable homicide not amounting to murder. The learned Judges of the High Court Division upon a proper consideration of the facts and law, however, rejecte..Category: Criminal Law | Date: | Hits: 65
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ...... President’s Order No. 21 of 1973, in other words, whether salary income of a Judge of the Supreme Court of Bangladesh exempted from income tax under Article 10 of P.O. 21 of 1973 could be included for the purpose of taxation while computing total income of an assessee judge. Held: Section 60 of t......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ch law can control the sub-constitutional legislation. In that view of the matter there is no hesitation in saying that the notification dated 18.12.76 has no manner of application in the case of the Judges of the Supreme Court and the Deputy Commissioner of Taxes had erred in applying this notifica..Category: Fiscal/Taxation Law | Date: | Hits: 111
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......f execution of the decree appealed against in a first appeal, namely F.A. No. 81 of 1989. 2. Respondent-plaintiff filed Money Suit No. 139 of 1989 in the 3rd Court of the Subordinate Judge, Dhaka, for recovery of Tk.1.91 lacs from the appellant-defendant alleging that he had taken business loan......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......respondent filed Money Execution Case No. 19 of 1989 for realisation of the decretal amount. The appellant made an application for staying further proceeding of this execution case; but the learned Judges of the High Court Division, by the impugned order dated 1 August 1989, refused the stay obser..Category: Civil Law | Date: | Hits: 117
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disputed by some candidates. Election Commission’s approval or concurrence is necessary for fresh election if directed by the Returning Officers. Writ jurisdiction is not available in resp...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......nother candidate who was respondent No.4 therein taking the ground that the result-sheets submitted by the Presiding-officers were unauthorised documents containing interpolations, etc. The learned Judges of the High Court Division, after hearing the parties, made the Rule absolute in respect of..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......Not represented-Respondent Nos.2-133(In Civil Petition No. 990 of 2005). Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 p......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......004 and 6591 of 2004. 18. He further submits that considering the facts and circumstances and the judgment passed by the High Court Division in the aforesaid two writ petitions, the learned Judges of the High Court Division passed the impugned order on 21.08.2005 in Writ Peti..Category: Employment/Service Law | Date: | Hits: 56
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....ue of the land towards implementation of the judgment of the High Court Division but even then no progress was intimated to the petitioner in this regard and so the petitioner had to file the above contempt petition. The High Court Division issued rule upon the respondents on 30.3.2003 and after......5. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab All, Advocate-on Record-For the Petitioner. Respondents-Not represented. Criminal Petition for leave to Appeal No. 147 of 2003 (From the judgment and order dated 21st June, 2003 passe......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ...... respondent Delwar Hossain Talukder as an accused in G. R Case No. 545 of 20014 pending to the Court of Magistrate, 1st Class Shariatpur moved unsuccessfully the learned Sessions Judge, Shariatpur for bail in Criminal Miscellaneous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as pet......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......002. Thereafter, Delwar Hossain Talukder as petitioner moved the High Court Division whereby Rule was obtained in Criminal Miscellaneous Case No. 9363 and the same was made absolute by the learned Judges of the High Court Division by judgment and order dated 4.11.2002 enlarging the present respo..Category: Criminal Law | Date: | Hits: 68
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......izur Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declarati......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tion of the matter in dispute and for doing the complete justice in the matter avoiding multiplicity of suits and proceedings and, as such, the learned Subordinate Judge as well as the learned Judges of the High Court Division erred in law in rejecting the prayer for amendment of the plaint...Category: Property Law | Date: | Hits: 39
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......tion was maintainable against an interlocutory order passed by Artha Rin Adalat. 2. Respondent No. 1, Pubali Bank Limited, disbursed certain amount of loan to the appellant for construction of commercial building (Supermarket) in Chuadanga town. The appellant having faile......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......nability of the writ petition against an interlocutory order of Artha Rin Adalat and, as such, the impugned judgment and order is liable to be set aside by this Court. Furthermore, the learned Judges of the High Court Division failed to appreciate the decision in the case of Sultana Jute Mi..Category: Banking Law | Date: | Hits: 157
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......occasions and lastly on 19-9-2000 assigning reasons. Against the said order of rejection the accused-respondent preferred Criminal Appeal No.2625 of 2000 before the High Court Division. The learned Judges of the High Court Division illegally allowed the appeal and granted bail to the accused-res..Category: Criminal Law | Date: | Hits: 44
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....74, 75 and 72 of 2001 against the respondents for violating the order of stay dated 21.6.2001 and rules were issued directing the Chairman and Managing Director of the Bank to show cause as to why contempt proceedings should not be drawn up against them (Annexure-K, K-1, K-2 and K-3). The respon......ed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respondents to serve notice of Board meeting to the appellants-Directors in ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......decide the disputes inasmuch as sub-section (3) of section 233 of the Companies Act provided that the remedy sought could be given by the Court under section 2D of the Companies Act but the learned Judges have lost sight of the said provision in the case of British India Corporation Co V Mengies t..Category: Business or Commercial Law | Date: | Hits: 147
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... 38 & 102 Though membership to the Society is open to all citizens of Bangladesh who comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......ch restrictions, but the facts of those cases, noted above, are so different from the instant case that they should not detain us long. 31. The appellant's further contention is that the learned Judges of the High Court Division erred in law in relying on Bidhu Bhusan Bagchi and another Vs. T..Category: Constitutional Law | Date: | Hits: 170
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......Result: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brou......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......te allowed the prayer of the respondent for adding her as a party. Being aggrieved by the said order the appellant filed Civil Revision Case No.85 of 1987 in the High Court Division and the learned Judges after hearing the parties discharged the rule. 4. Leave was granted to consider whether th..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......scharge his onus probandi…………….(15) Declaration as to the fact that the appellant is the only son and heir of the original owner, by the owner himself and such assertion not being made before the magistrate or an affidavit commissioner, in absence of any other evidence to the contrary t......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......a to the petitioner, Mrs. Sahera Khatun; and, that the house was wrongly included in the list of abandoned properties. In that case there was no affidavit-in-opposition by the Government. The learned Judges observed: "Although the notice of this rule was served upon the Ministry of Public Works and ..Category: Property Law | Date: | Hits: 32
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......instructed by Md. Nawab Ali, Advocate-on- Record-For the Petitioner. Dr. M. Zahir, Senior Advocate, (Dr. A. K. M. Ali, Advocate with him) instructed by Md. Altab Hossain, Advocate-on-Record-for the Respondent No. 1 Not Represented-Respondent No. 2 Judgement: &nb......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......sional application under Section 561A of the Code of Criminal Procedure before the High Court Division being Criminal Miscellaneous Case No. 4014 of 2004 and after hearing the parties, the learned Judges of the High Court Division discharged the Rule by the judgment and order dated 01-09-20..Category: Property Law | Date: | Hits: 31
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ...... Ali, Advocate-on-Record......For Respondent No.2 (In Criminal Appeal No. 99 of 1998) Ex- parte-Respondent No. 1. (In Criminal Appeal No. 99 of 1998) Md. Nowab Ali, Advocate-on-Record-for Respondent nos. 2 & 3 (In Criminal Appeal No. 100 of 1998) Ex-parte-Respondent No. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......No. 2 by the judgment and order dated 20-09-1994 against which the appellants filed Writ Petition No. 2126 of 1994 before the High Court Division obtained Rule and stay and upon hearing the learned Judges of the Court Division discharged the Rule declaring that the respondent No. 2 is entitled to..Category: Employment/Service Law | Date: | Hits: 55
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......of the charge under Section 302/149 of the Penal Code and sentenced appellant Farukur Rahman @ Farook to death and the two other appellants Sajjad Shaheen @ Prince and Miraj Hossain to imprisonment for life and all three of them were ordered to pay a fine of Tk. 2, 000/- each. The record was sent......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......maintaining the order of conviction. 11. In view of the above submission made by the learned Advocate and in the facts and circumstance of the case, we are of the view that the learned Judges of the High Court Division misdirected themselves in not considering the case, whereby ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ed by a Division Bench of the High Court Division in Criminal Appeal No.772 of 1993 dismissing the appeal, reducing the sentence of fine to Tk. 1000/- in default to suffer simple imprisonment for 6(six) months and affirming the judgment and order of conviction under Section 302 of the ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......the fine to suffer imprisonment for 6(six) months more in place of one year. 5. Mr. Khondker Mahbub Hosain, the learned Counsel appearing for the appellant, contended that learned Judges of the High Court Division failed to consider that retracted confession of the accused can o..Category: Criminal Law | Date: | Hits: 53
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......e employees of the Supreme Court of Bangladesh (High Court Division) were dismissed from the services by order dated 25.07.1996 on charge of gross misconduct. During the pendency of their appeals before the Hon'ble Chief Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subor...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......the Republic and as such from the statements of the plaint itself the suit is bared by Article 117 of the Constitution read with section 4 of the Administrative Tribunals Act, 1980 and the learned Judges of the High Court Division being an appellate court with the same powers as those of the tri..Category: Employment/Service Law | Date: | Hits: 76
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