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University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......ner. Ajmalul Hossain, Senior Advocate, instructed by M. Khaled Ahmed, Advocate-on-Record- For the Respondent No. 1. Not represented- For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 146 of 2005. Judgment: ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ...... already stated hereinbefore. 5. The learned Counsel for the petitioner in support of the prayer for leave to appeal has urged the following ground:- "For that the learned Judges of the High Court Division erred in law in not taking into consideration that the answer sc..Category: Civil Law | Date: | Hits: 97
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ........Respondents Judgment May 2, 2005. The Evidence Act, 1872 (I of 1872), Section 106 Normally, there is no burden on the accused to offer the reason of death of a person for which he is tried. But the deceased living with the accused in the same house the accused is t......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......6) The Penal Code, 1860 (XLV of 1860), Section 302 We are really surprised to find the peculiar way of disposal of criminal appeal by the learned Judges of the High Court Division who shirked their responsibility misdirecting themselves and shou..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... May 22, 2002. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Not represented- For the Respondents - For the Respondents Criminal Petition for Leave to Appeal No. 43 of 2001. (From the judgment and order elated 7-12-2000 passed by......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......he impugned judgment discharged the Rule. Hence is this leave-petition. 5. Mr. Md. Nowab Ali, the learned Advocate-on-Record appearing on behalf of the petitioner contended that the learned Judges of the High Court Division totally misdirected themselves in the matter of taking of cogniza..Category: Criminal Law | Date: | Hits: 37
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......e of Criminal Procedure seeking quashing of the proceedings of Case No. 520(1) of 1995 under sections 467/479/109 of the Penal Code, pending in the Court of Magistrate, 1st Class, Tangail. 2. The aforesaid case No. 520(1) of 1995 of the Court of Magistrate, 1st Class, Tangail was registered upon ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......h a mutation case under section 117 of the State Acquisition and Tenancy Act, 1950 is a Court within the meaning of section 195(l)(c) and section 195(2) of the Code of Criminal Procedure, the learned Judges of the High Court Division were wrong in not referring the matter to a larger Bench for resol..Category: Criminal Law | Date: | Hits: 48
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......egistration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the date on which the deed of sale is registered and the title effectively pass...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......he State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In th......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ...... are directed against the judgment and order of the High Court Division, in Civil Revision Nos. 302 and 303 of 1983. 2. Leave has been granted to decide the questions as to whether the learned Judges of the High Court Division, Comilla Bench, were right in holding that the amendment of the ..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......lt: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......XXI, rule 1(1) (a) of the said Code with notice to the plaintiff and he having withdrawn the same, the Execution Case for further alleged unpaid amount (as interest) was barred. 6. The learned Judges rejected both the contentions upon finding that it was difficult to hold that the interest ..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....gly attractive argument does not stand scrutiny for two reasons. Firstly, the Administrative Tribunal has the full power to give complete relief to an applicant and it may even draw a proceeding of contempt against the employer refusing to comply with its order. Secondly, the right of a trade un......ding Finance Corporation. The impugned order of transfer is an action taken in relation with the appellant's service in the Corporation, and any grievance with regard to that could only be agitated before the Administrative Tribunal…………(15 & 16) Cases Referred to- Ready Mixed Concr......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......peal is allowed. The Local Government (Union Parishads) Ordinance, 1983 The Union Parishad Election Rules, 1983, Rule 70 It does not appear that the respondent was very much keen or vigilant for participating in the election otherwise he would have made efforts as other persons from other U...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... but while fresh election was directed in two of the Union Parishads after setting aside the declaration in favour of the unopposed candidates; the same was not done in his case. It seems the learned Judges of the High Court Division were persuaded by the said Annexures 'D' and 'E' to hold that the ..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......wer appellate Court. 2. The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. Plaintiff-respondents' 6.4650 acres of land had also been acquired and incl......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......3 under section 5(7) of the Act acquiring the suit land was illegal and liable to be set aside. 11. In the revision taken by the appellants against the aforesaid judgment and decree, the learned Judges of the High Court Division found in the impugned judgment no reason to differ from the conc..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......the judgment and order dated 4 September, 1986 passed by the High Court Division, Dhaka in Criminal Revision No. 180 of 1986.) Judgment ATM Afzal J.- In this appeal by leave the short point for consideration is whether a Single Judge of the High Court Division is competent to hear a revisi......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......urt Division provides as follows; A Division Court for the hearing of cases on appeal, reference, or revision in respect of the sentence or order of any Criminal Court shall consist of two or more Judges: Provided that a Single Judge may hear any appeal, reference or application for revision o..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......e Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......ly filed confirming the assertion as to possession by the Police made by respondent Nos. 1 and 2. Thus the appellant's assertion of possession remained practically uncontroverted. 7. The learned Judges, however, took the view that the writ petition was not maintainable as there was an alternati..Category: Property Law | Date: | Hits: 54
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......dgment April 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise the question of repoll for the first time before the Appellate Division. Even if the question was raised before the High Co......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......f the respondent it was argued that the impugned order was not for recounting of votes but for consolidation of the results in DMA Form as submitted by the Presiding Officer in TA Form. The learned Judges took the view that the impugned order so far as it relates to the recounting of votes of Mu..Category: Election Law | Date: | Hits: 125
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......l leave is directed against the judgment and order passed by the High Court Division in First Appeal No. 40 of 1965. 2. The plaintiff-Respondent filed a title suit being Title Suit No.35 of 1962 for a declaration that the order of his compulsory retirement passed by the Commissioner of Income T......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ....... Haque, Assistant Attorney-General that if Exhibit 8 is read with Exhibit A it will be found that the Commissioner of Income Tax had the authority to pass such an order. Unfortunately, the learned Judges were not inclined to consider the proposition. It was observed:- "We are not concerned wit..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. .........................Respondents Judgment. June 5, 1989. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......ismissed. The Code of Criminal Procedure, 1898 (V of 1898), section 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who ta......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ...... has been in their possession in respect of which a Civil Court had passed temporary injunction against the complainant and that they exercised their right of private defence of property. The learned Judges of the High Court Division rejected these grounds and refused to quash the proceedings, b..Category: Criminal Law | Date: | Hits: 39
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......l Procedure, 1908 (v of 1908), Order XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation of plaintiff’s share out of S.A. plot No. 1162 will be done by the a......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......C. S. Plot No. 19 totally measuring '2134 acre which have been included in '4264 acre of S. A. Plot No. 1162 of S. A. Khatian No. 174, as has been described in Schedule "A" to the plaint, the learned Judges of the High Court Division have committed substantial error of law in failing to direct to id..Category: Property Law | Date: | Hits: 32
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ....... Result: The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said to have been proved. The High Court Division g......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......onvicted the respondents under the aforesaid section and sentenced each of them to transportation for life while acquitting two other accused of the said charge. 5. On appeal, however, the learned Judges of the High Court Division upon a consideration of the circumstances proved in the case held ..Category: Criminal Law | Date: | Hits: 43
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. .......) Judgement Badrul Haider Chowdhury J.- In this appeal by special leave the only question is whether the High Court Division was correct in setting aside the order of the Election Commission for publication of the result of the appellant. 2. The appellant received highest number of vot......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......gnificant observation "that the rights of the parties would not be prejudiced by this decision". 3. Dr. Kamal Hossain, the learned counsel appearing for the appellant, contended that the learned Judges were aware of the fact that disputed question of facts were involved in the matter and theref..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......91 of 1984). Judgment: M.H. Rahman J.-Appellant was the defendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific performance of contract for sale of the suit property. By filing a written statement ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......pplication for some time for examining the doctor being rejected the appellant was denied an opportunity to prove her cause of absence on the date of hearing. It is further submitted that the learned Judges of the High Court Division erroneously held that the appellant did not state in the applicati..Category: Property Law | Date: | Hits: 38
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