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Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......of reviewing its judgment acting even suo motu to do complete justice while passing the judgment. This Court in the light of provisions of Articles 104 and 105 of the Constitution has ensured justice fully while disposing of the matter on merit setting aside the order of acquittal and passing an ord...... of conviction and sentence. Furthermore, the exclusive powers of the Appellate Division under Article 104 and 105 of the Constitution apply as special and extraordinary jurisdiction to avoid miscarriage of justice by establishing complete justice and with that view Appellate Division is the only Co..Category: Criminal Law | Date: | Hits: 94
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......iry report as to the sixth allegation on the basis of documentary evidence no notice was given to the respondent for the third enquiry and that the proceeding was initiated, conducted and concluded fully in accordance with the rules and there was no illegality committed in the said proceeding. ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ...... August 26, 1999. The Representation of People’s Order, 1972 (President’s Order No. 155 of 1972), Article 31(2) (d) (e) A ballot paper is to be stamped on its back with full official mark and counterfoil is also to be stamped accordingly but during rush that follows a...... of SM Darussunnat Dakhili Madrasha, was appointed one of the 4 Assistant Presiding Officers of Gharghata Government Primary School Polling Centre within Nazirpur PS, but he remained absent and engaged opposite party No. 15 Shahidul Islam, an Assistant Teacher of the said Madrasha to perform the..Category: Election Law | Date: | Hits: 126
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......fterwards become impossible or unlawful, then compensation for loss for non-performance of the act is not permissible. In the present case the Irrigation Department of the respondent was under the full control and the respondent admitted that due to the action of Irrigation department the lessee...... part of Agrahayan and ends by the middle of Falgoon. The appellants had to incur an expenditure of Rs. 22,526.10-6 pies for the preservation of fish, placing necessary materials and providing drainage of water etc. and a further sun of Rs. 37,601-2-6 to pay ht expenses of a large number of serv..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......order of the Munsif and sent the case back on remand for rehearing of the application under Order 1, Rule 10 of the Code of Civil Procedure and for passing a proper order in accordance with law after full consideration of the case of the respective parties. 7. The learned Munsif after hearing bo...... which are made in their discretion, unless the discretion is exercised fancifully or arbitrarily. 13. Order 4, rule 10(2) of the Code of Civil Procedure empowers the court to add parties at any stage of the proceedings, either upon or without application who ought to have been joined, whether as..Category: Tenancy Law | Date: | Hits: 142
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......tion, the aforesaid petitions have abated. 4. As the learned Counsel for the petitioner made submissions on the entire provisions contained in the Regulation, it is quoted below in full: "Whereas it is necessary in the public interests to make certain supplement......7 on June 21, 1977, discharging the Rule on the ground that as the question whether the properly involved was abandoned property within meaning of the Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) required the determination of disputed que..Category: Constitutional Law | Date: | Hits: 307
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......nt, but for this reason it cannot be said that counterclaim of the nature made by the defendant respondents in the present suit is not entertainable, particularly when they have paid the full court fees on the amount of counter-claim." As it appears the High Court Division......from the defendant No. 2 the same very dues as claimed in the above money suit and got the above MV Loyal Bird, a Bangladeshi vessel, arrested while she went to India in connection with her voyage and due to above arrest MV Loyal Bird remained detained in India from 22-7-94 to 31-12-94 and ..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......Respondents Judgment May 23, 2007. The Acquisition and Requisition of Immovable Property Ordinance, 1980 (II of 1982), Section 7(3) Since the requiring body paid the full amount of compensation and the concerned authority repeatedly rejected the prayer of responden......and dock sramiks and their children will get not only shelter but also other facilities; on obtaining orders of slay/status quo passed by different Courts for last 17 years, the respondent No.1 managed to occupy about 0.28 acres of acquired land which is situated just at the entrance of the afor..Category: Labour and Industrial Law | Date: | Hits: 83
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......ve to appeal was according by granted by this Division to consider the submission of Dr. Kamal Hossain on behalf of the appellant that: "The High Court Division has not given its full consideration to the arguments made by the learned Advocate for the petitioner before it. The......pan carried pan from East Pakistan to West Pakistan and under section 5(2) of PIAC Ordinance the Central Government was entitled to issue instruction on the PIAC with regard to the policy and carriage of goods and accordingly notifications were issued by the Central Govt. inviting application fo..Category: Fiscal/Taxation Law | Date: | Hits: 107
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......he pre-emption case was barred by limitation. 8. We have also perused the evidence. It appears that the pre-emptor claims to have derived his knowledge about the kabala in question from his full brother Mozammel Huq P.W.2 who derived his knowledge of the kabala from one Abdul Goni on 2nd ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Arif A. Shekha and others Vs. Secretary, Ministry of IndusÂtries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......dustrial unit as an abandoned property under President's Order No. 16 of 1972 the appelÂlants could not claim the shares of the said company or the industry itself the shares of which having been lawfully vested in the Government. The BanÂgladeshi shareholders of Messrs Bella Artifitex Industries ......y; 19,240 shares being held by Bangladesh Shilpa Rin Sangstha. The company was running an industry manufacturing fluorescent tube lights at Tejgaon Industrial Area through its appointed directors, managers, officers and executives at all relevant times. By notification No.186-61 dated 31-12-1971 pas..Category: Business or Commercial Law | Date: | Hits: 114
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......epting the tender places an order for supplying say, for ten thousand chairs, and the supÂplier agreed to do so, a contract is entered into, there is offer and its acceptance backed by obligation. A full-fledged contract comes into existence. Here the Government functions in the capacity as a trade......without assigning any reason being an unfair and mala fide act upon the respondent No.1, the writ petition cannot be rejected merely on the ground that an alternative remedy is available to him in damages. 27. In 39 DLR (AD) 85 relied by the High Court Division in paragraph 53 taking into consiÂ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......nd 5 though published guidelines for installing new tube wells in Bangladesh but new tube wells are still being installed in various places without following the above guide-lines in spite of full awareness of the severity of arsenic contaminated water; respondents Nos.1 and 4 have failed t......us steps to alleviate social injustice; the Ministry, Local Government and Rural Development i.e. LGRD, the Ministry of Health and Family Welfare, Dr. AZM Iftekhar Hussain, the Deputy Programme Manager Arsenic of the Ministry of Health, the Chief Engineer, Department of Public Health Engi..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......istrate who performed all the funcÂtions of the Upazila Magistrate on that day. 9. As this is a case of assessment of evidence, the evidence led by both the parties should be looked into very carefully Complainant, father of the deÂceased Zafar, is PW 1; he lodged the first information report. ......ews of Abdul Bari Chowdhury (PW 17) whose brother, Golam Bari, that is father of Abu Taher and Abul Kashem, had died about 20 years ago. Both uncle and nephews reÂside in the same bhiti of their village-Chachuria, PS Banskhali. There was a land dispute between the unÂcle Abdul Bari and his nephews..Category: Criminal Law | Date: | Hits: 74
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......e is not a final decree but it is in the nature of a preliminary decree which is clear from the provisions of section 35 itself as the original Court retains control over the matter by having full power to make any just and necessary orders therein including the power to extend the time fix......ing as per terms of compromise which they did not perform or, in other words, did not act as the terms of compromise required to do, as such, there was no occasion for the defendants to take advantage of section 53A of the Transfer of Property Act, since the transferee can retain the possession ..Category: Property Law | Date: | Hits: 94
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....d 16.02.1994 executed in favour of her daughter the defendant respondent No.2.It has been averred in the plaint that she is the owner of the suit property measuring .47 acres of land and is an old woman of 83 years having two sons and three daughters and the defendant respondent No.1 is her......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......, Ministry of Civil Aviation and Tourism (Annexure-L) as illegal and without lawful authority with a further direction to the appellants to reinstate the writ petitioner in his post with all back wages and benefits within 60 days of the receipt of the copy of the judgment on pain of legal c..Category: Employment/Service Law | Date: | Hits: 103
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is alÂlowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......80 who is admittedly a business partner of the complainant. On perusal of the said receipt the Martial Law Authority settled the matter making appellant No.1 to pay a furÂther sum of Tk. 20,000/- in full satisfaction of the complainant's claim. Appellant No.1 paid Tk. 20,000/- against the receipt g......inal proceeding, much less for cheating, for, the alleged liability incurred is essenÂtially civil in nature. To hold otherwise would be to ignore the realities of business transactions and to encourage civil claims to be brought into criminal courts under some contrivance for the purpose of puttin..Category: Criminal Law | Date: | Hits: 59
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......consent of defendant No.1. This defendant honestly kepi the money for which defendant No.1 has no responsibiliÂty or liability. He has also offered to return the monÂey. The appellant was appraised fully about the outcome but he has filed the suit out of greed. 8. Several issues were framed by ......7 of 1985. (From the Judgment and Decree dated 3.12.84 passed by High Court Division, Chittagong Bench, in First Appeal No. 46 of 1977). Judgment Shahabuddin Ahmed CJ. - I have had the advantage of going through the judgments proposed to be delivered by my learned brothers, Mustafa Kamal an..Category: Property Law | Date: | Hits: 50
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... Admit Card issued by the Board of Intermediate and Secondary Education at Jessore and then the petitioner was only 56 years 5 months 27 days on the date of termination and did not attain the age of 60 years. 3. The respondent Nos.1-6 contested the Rule by filing affidavit-in-opposi..Category: Employment/Service Law | Date: | Hits: 82
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