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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. ......laintiff on the ground of his being "reputed to be dishonest". The plaintiffs appealed before the Central Government and it was dismissed. The learned Additional Attorney General placed before us the appointment letter of the plaintiff. Then he placed Exhibit A which reads as follows:- "To ..Category: Employment/Service Law | Date: | Hits: 80
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....owever, filed papers of that case as a part of his statement under s.342 Cr.P.C. It is clear that the persons who came to depose against the accused are all interested witnesses and none of them is independent having no grudge with the accused. Even those among them who deposed as to what they hea...... 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
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......g with the natural guardian and perusal of the record that the minor respondents had no subsisting interest in the suit property and as such there was no necessity of contesting the appeal and though appointment of court guardian for the minor defendants under Order XXXII, rule 3 of the Code of Civi..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....rmation in the nature of quo warranto is invoked in the public interest. The latter seeks to determine the title to the office and not the validity of the election. These are two distinct and independent remedies for enforcing independent rights, and the mere fact that the disqualificati...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......ars from Annexure ‘A’ to the petition filed before the High Court Division that the respondent appeared for interview before the East Pakistan Public Service Commission which selected him for appointment to the East Pakistan Civil Service (Executive Class II). Then he was appointed temporari..Category: Employment/Service Law | Date: | Hits: 66
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......by the Company and then the Company by a letter dated 9.2.76 informed her that, on account of her failure to report to duty within 10 days from the expiry of the leave, she had lost her lien to her appointment under, section 5(3) of the Employment of Labour (Standing Orders) Act, 1965. Thereafter ..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....wo agreements, it appears that the agreements are something more than a simple agreement for lease. The parties adopted this device for effecting a complete exchange of their property situated in two independent countries, Mr. T. Ali has rightly pointed out that the agreement (Exhibit D) provides th...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....such neck injury and the other fatal injury deleted by the doctor who performed the post-mortem examination.” 11. The learned Judges also commented stating “the remarkable absence of a single independent witness deposing about the occurrence which admittedly happened on a ‘hat-day’ at ......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... It appears that on 22-5-74 the Government passed an order of detention under section 3(1) of the Act, but on the expiry of thirtieth day the detenu was not released, and after a gap of two days an independent detention order was passed. 21. The question is whether the detention order of the G...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....three witnesses P.Ws. 7,8 and 11 suffered from contradictions, and should not have been relied upon and that the confession of co-accused Alo could not be used against the Appellants as it is without independent corroboration. 2. The Appellants along with two other accused were put on trial to a...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......hereafter the requiring body sent papers direct to the Assistant Government pleader, High Court on February 12, 1970 with instruction to file the appeal. It took some time for settling the terms of appointment and ultimately the case record was sent to the Legal Remembrancer's office on March 10..Category: Procedural Law | Date: | Hits: 101
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......tor for a period of 5 years on contract basis with certain terms and conditions. The plaintiff accepted the offer and joined his service on 16.03.1988. The plaintiff also challenged that before his appointment an audit was held in the office of the Defendant Company and the auditor found some co..Category: Employment/Service Law | Date: | Hits: 82
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....ourt oh consideration of the evidence found the plaintiff to be in possession of the suit property and also observed that the defendant could not prove that the plaintiff had any disinterested and independent advice in respect of the execution of the deed of heba bil-ewaz and thus decreed the s......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....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. ....... Ministry of Establishment, examined the case of the respondent and has given clear opinion in its file on different dates including 12 March 1980, 22 February, 1986 and 21 January, 1997 that the appointment of the respondent as Deputy Secretary with effect from 16 December, 1971 was fully vali..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
.... clearly proved that she was an illiterate lady and, as such, burden was upon the defendant, namely, the recipient of the deed, to prove that she executed and registered the same having independent advice and was fully aware about the contents of the deed following the principle of sp......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....submits that the High Court Division also failed to appreciate the case properly and erroneously discharged the Rule, in fact, affirming the illegal orders of the courts below without applying its independent judicial mind. 14. Dr Hossain further submits that the case being referred to th......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....es and procedure have been provided in the Act for proportional representation, a universally accepted common mathematical mechanism to determine the proportion among the political parties, Jote or independent members representing the Parliament, adopted by other countries where the election is he......ongst the political parties and jote on the basis of procedure of proportional representation, section 5 thereof preparation of voter's list, section 6 declaration of schedule for election, section 7 appointment of returning officer and other sections for submission of nomination papers, scrutiny, w..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
.... any corroborative evidence in support of the aforesaid confessional statement and moreso, confessional statement of co-accused cannot be used against other co-accused for their conviction without independent corroboration and, as such, there has occasioned failure of justice. 5. Mr Ozair......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....as not examined since he would not have supported the case of the plaintiff. Because of the quality of the evidence of witness Nos. 2-5, as stated hereinbefore, the scribe of the deed was the only independent and disinterested witness through whom the plaintiff could have established the genuine......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......as deputed as Director of Central Transport Pool of the Bangladesh Secretariat Service. The service of the petitioner was placed under the Ministry of Petroleum and Mineral Resource on 3-3-1980 for appointment on deputation as Manager of respondent No.2 i.e. Titas Gas Transmission and Distributi..Category: Employment/Service Law | Date: | Hits: 109
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