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Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......t it had no jurisdiction is set-aside. Writ petition was maintainable……………(8,12 & 15) Cases referred to: Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore (1957) QBD, Vol. 1, page 574(583); Azizul Huq Vs. S.M. Hanif, Ltd. 7 DLR 287; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......e victim was in his senses. Hearing his cry a rickshaw van driver came and took him on his van and carried the victim to his house. In the house the victim disclosed about the occurrence before his full brothers PW 1 Shahabuddin Ahmed and PW 2 Salauddin Ahmed, sister, wife and other persons pres......llant along with two others was put on trial in the First Court of the Additional Sessions Judge, Khulna in Sessions Case No.283 of 1981 for the alleged murder of one Sakhawat Hossain @ Saku of village Damodar PS Fultala, District Khulna. The appellant was charged under sections 302 and the other ..Category: Criminal Law | Date: | Hits: 44
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......eave encashment, excluding leave preparatory to retirement (LPR); that on this account he claimed Tk. 63,000/-; that he was also entitled to get benefit for un-availed leave of 697 days on the full average salary and similar benefit of 896 days of half average pay; that after deduction of en......shment, excluding leave preparatory to retirement (LPR); that on this account he claimed Tk. 63,000/-; that he was also entitled to get benefit for un-availed leave of 697 days on the full average salary and similar benefit of 896 days of half average pay; that after deduction of encashed le..Category: Employment/Service Law | Date: | Hits: 136
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......f Agriculture about the Government sanction and that there has been amendment in the project papers on the basis of which the respondents (i.e. present petitioners) would have absolute right to engage/ appoint any person in the project without giving any opportunity to the writ petitioners to wo..Category: Others | Date: | Hits: 87
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......ioner, therefore, filed the writ petition as mentioned earlier. 5. After hearing the parties the High Court Division made the rule absolute directing the respondents to accept the wilfully offered price at the rate of Tk. 18, 500/- per metric tons for M.S. Rod and M.S. Flat Bar as ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......le to vacate the office, which one of them shall do so will be determined by drawing of a lottery; an explanation to the said section 15 (Ka Ka) further provided that a half term is considered as a full term in order to fulfil the provisions of the said section, on 26-4-03 Bangladesh Bank, the r......r No. 106 of 2003 directing that within 120 days from the date of drawing up of the order, the 20th Annual General Meeting (AGM) of City Bank Ltd, the respondent No. 2, is to be held excluding the agenda regarding election of directors. 2. The respondent No.1, on 1st November 1994, filed ..Category: Business or Commercial Law | Date: | Hits: 99
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
.... to the prosecution, the occurrence took place at 10/11 in the morning. The learned judges of the High Court Division overlooked a very material fact that the idea of time with illiterate village woman is often very vague and on this evidence it is difficult to pinpoint the time of occurrence. B......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ata from the left side of the chest of the deceased. The Doctor found injury measuring (a) 1-1/4' x 1-1/2" X 6" each; (b) 1" x 1/2" X skin. The doctor opined that death was due to shock and haemorrhage as a result of the injuries which are ante-mortem and homicidal in nature. In cross-examination ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......s with the pre-emptees and negotiates the sale under pre-emption himself or the facts are such that his acquiescence in the sale can be safely concluded therefrom, the doctrine of estoppel comes into full play. The pre-emptor will be astopped from esserting his claim of preemption". 15. The fac......III of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the land, encouraged the buyers to purchase it and himself negotiated the price. This conduct of the pre-emptor was ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ...... Act, 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of premium. This condition being violated due to contract of sale of the licensed prope......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......d in the case both for and against the appellant. Suddenly it is observed as an anti-climax at the end of the judgment that "this being the matter where relevant documents had not been examined carefully by the court below to make the accused only an abettor, I find it just and proper that the cas......al Office Branch, Motijheel, Dhaka carried on a clandestine business transaction with Tofazzal Trading of Islampur dealing in cloth. Prosecution case is that by misusing his official position he managed to get a new cheque book issued in the name of one Dr. Salma-A-Nahar, a savings account holder ..Category: Criminal Law | Date: | Hits: 52
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......itle to the suit land on the date of filing of the said suit for eviction. But after the decree they continued to occupy and possess the suit land as tenants. The appellant in course of time became full 8-anna owner of the suit land upon the successive deaths of the other heirs of Raj Kumar. The a......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
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. ......litate absorption of the petitioners, the Administrative ministry of the petitioners, ministry of planning, Ministry of Establishment and standing Committee on Finance Ministry gave their full consent to absorb the services of the petitioners in the revenue set up and that while al......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. ..Category: Employment/Service Law | Date: | Hits: 56
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ...... that after death of Tofazzal Hossain in 1353 B.S. Tofazzal's wife stayed in the house of Izzatulla Chowdhury and it is on record that as Tofazzal's wife stayed with Izzatulla Chowdhury she was in full control of the management of the house of Izzatulla Chowdhury and in that state of the matter ...... No.2 took shelter in the house of her father and started a criminal case against the defendant No.4 and some others and they were convicted, but were acquitted by the appellate Court and at that stage trouble arose between the parties over the possession of the land of schedule 'Ka' '..Category: Property Law | Date: | Hits: 67
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......omplained to any body even when she was shifted from one place to another place in bus and other transport and was kept in hotel. 9. It further appears that love letters comprising 51 pages were shown to her during her cross-examination in court which were admitted to have been ..Category: Criminal Law | Date: | Hits: 34
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......ed upon as the Government itself had subsequently suspended the operation of the same which was brought to the notice of the learned judge. 8. It appears that the plaintiff after making full submission on merit lastly made a submission in the High Court Division that in view of the G......earing the parties, we have found with regret that the matter has been dealt with in an absolutely misconceived manner and even without noticing a palpable fact on record causing miscarriage of justice. The impugned judgment is therefore wholly unsustainable. Now I proceed to the ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ...... positions in the Memorandum and Articles Association of the respondent No.1 company; that only the name of petitioner No.2 Mrs. Ayesha Hussain has been included and shown as Director and holder of fully paid 1,00,000 (one lac) shares of Tk. 100.00 each of which total value stand at Tk.1,00,00,000......ing promoter directors to include as Sponsors and to take the decision of the share distribution and to take all other necessary decision and executed in the interest of the Bank at the formation stage with the aim of obtaining necessary approval from the concerned authority; that respondent No.3 ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......k.8, 00, 0007-and thereafter possession was delivered to them on 12.10.2000 as per site plan prepared for the purpose of handing and taking over of possession of land. The petitioner company has peacefully possessed the said land constructing semi-pucca structure and two tin-sheds for the security a...... and dispossession being involved the writ petition is not maintainable. The C.S. Plot No.177 of Mouza-Begunbari, P.S. Tejgaon, Dhaka is acquired land of the Government under the supervision and management of the respondent No.5 and the allegation of dispossession of the writ petitioners on 16.1..Category: Property Law | Date: | Hits: 91
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......n was filed for issuance of summon upon the Medical Officer of Dolahazara Hospital to produce the Emergency Medical Register dated 3.4.1988 in order to prove the injury and illness of Sultan Ahmed, full Brother of the informant, who was medically examined on that date by attending Doctor U.S. Ch...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....nur Rahman visited the place of occurrence, prepared the inquest report of the dead body and seized 3 bricks tied with the dead body. In the meantime, he got information that another dead body of a woman was found in front of the house of Manowara Begum (PW 6), which was floating on the water. H......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......e Station that a body of a female child was floating on the water in a nearby bamboo bush on the eastern side of her house. Since the dead body was decomposed she could not recognise the same. The age of the child was approximately 3 years. One Mukter Hossain used to reside in her house with his..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......in 6 months from the date of the order of dismissal his case before the Tribunal was perfectly maintainable. 10. Mr. B. Hossain next submits that the respondent was dismissed from service in full compliance with Rule 25 (2) of the 1985 Rules and the Administrative Appellate Tribunal wrongl......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
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