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Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......g) The question of rescheduling of loan by a defaulter by the Bank does not find place in section 7 (2) (g) of the Ordinance. Consequently rescheduling does not save a defaulter loanee from the mischief of the contemplated disability. If rescheduling would save a loanee from being a ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......n record including written statement of the contesting defendant who contested the suit. He further submits that the lower appellate Court considered the quantum of land purchased by the plaintiff from individual plots and the quantum of land acquired from the individual plots and found that the......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......rged on bail and ad interim bail was also granted to the respondent and the Collector (Commissioner) of Customs, Zia International Airport was directed to give delivery of 320 tolas of gold seized from the respondent on payment of usual customs duty as per rules within one week from the date of ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......nder could be floated for appointing a consultant. But the Minister Mr. Md. Nasim, with the dishonest intention and being over enthusiastic, verbally directed that appointment of a consultant be made from the proposal received. Thereafter, it was decided that Consociates Ltd be appointed for the pro......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... (EPADC), he joined his service on 30-10-1967. He was promoted to the post of Assistant Engineer on 24-2-1973 and thereafter was promoted to the post of Executive Engineer on 15-9-1980 with effect from 1-9-1980 (Annexure-B and B1 to the writ-petition). In due course, the authorities prepared a ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ...... provisions of section 6(3) of the Administrative Tribunal Act, 1981 (VII of 1981) it was within the jurisdiction of the Administrative Appellate Tribunal in altering the major penalty of dismissal from service to the reduction in rank of the respondent. The Appeal has no merit and it is accordin......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......iscation of vessel MV Alba with the goods and penalty of Taka 50,00,000 imposed on the Captain of the vessel. The case of the writ petitioner was that the vessel AL-Sara sailed for Chittagong port from Penag with cargo for Chittagong, Colombo and Maldives Ports. The local agent on receipt of i...... case in that the revisional authority decided the case on 12-3-1988 prior to the judgment of the Special Tribunal passed on 22-5-1988 and the decision of the Tribunal is no bar to take an action independently for an offence under the Customs Act, 1969. Lastly, he submits that the learned Judg......r Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................Appellants Vs. Amora Holding Inc. ..Category: Business or Commercial Law | Date: | Hits: 96
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......tion of the imported goods and so the petitioner cannot agitate the above point before this Division for the first time. Mr. SM Khalequzzaman, the learned Advocate for the petitioner, submits that from the contents of the reports of the physical verification dated 11-12-94 and 15-12-94 it will a......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 88
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......nly effect that it can have is to reduce the evidentiary value of his testimony in Court and make the witness unreliable on the point on which he is so contradicted…..(16) An omission from the statement recorded in a boiled form cannot be treated as contradiction under section 162 ......lent. 12. The learned Counsel for the appellant primarily submitted that conviction of the appellant being based on contradictory evidence as regard demand of dowry and there being no independent witness to establish the prosecution case of demand of dowry by the condemned prisoner ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ...... rule absolute and decreeing the suit on consideration of the alleged long adverse possession of the plaintiff. Being aware that the property was enlisted as enemy property, he purchased it from the vendor by a kabala dated 25.3.85. Consequently he acquired no title in the case property ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......e plaintiff’s claim of title is to be looked into incidentally. If the precise title to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of gratuitous relief." 11. We have also ..Category: Property Law | Date: | Hits: 51
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......that there was good ground for proceeding against the accused is a violation of the mandatory provision of law. The Sub-rule (2) of Rule 7 provides that after receiving of the statement of defence from the accused the authority is to consider such statement along with other materials relating to......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......1-3 (petitioners and respondent Nos. 16-17 herein) have been trying to construct and start a cinema hall within the vicinity of the locality of the disputed plot and are trying to obtain a licence from the Deputy Commissioner. Kishoreganj for running the same in violation of the Cinematograph Ru......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......le 135(2) The appellant being in service of the Republic, in case of her removal, she is eligible for protection under Article 139(1) of the Constitution. She cannot be removed or discharged from service by an authority subordinate to which she was appointed…………...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....dwriting Expert which has been proved by PW 6, it was considered by the trial Court but was altogether omitted from consideration by the High Court Division. Opinion of a Handwriting Expert without corroboration from other sources is of little value; nevertheless, in the instant case, where the e......n had been acquitted by the trial Court; his acquittal was not challenged in appeal; but he has been included among the accused‑respondents in this appeal by mistake. 2. The case arose from a complaint petition (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensingh Sadar, b......sufficient time for retrial when the appeal was disposed of by the High Court Division. Result of a criminal case does not affect a civil suit in which the Court is free to come to its own finding independent of the result of a criminal case. 14. Mr. Shaukat Ali Khan contends that indepen......been proved by PW 6, it was considered by the trial Court but was altogether omitted from consideration by the High Court Division. Opinion of a Handwriting Expert without corroboration from other sources is of little value; nevertheless, in the instant case, where the executants deposed in cour..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......thing like 'district administration' as units of the Central Government and, outside the capital city hardly any existence of the Central Government is felt except the Regional Offices here and there from which officers of the Central Government exercise the general power of direction, control and s......Council, Rural District Council, Parish Council, 32 London Borough Councils, Common Council of the City of London, Councils of Isle of Selli. All these bodies, big or small, are fully autonomous, and independent of the Central Government as well as of each other. All are run by elected persons; and ......r, subject to 'direction, control and supervision' of the Central Government at Whitehall. Powers of the Local government’s bodies are regulated by Acts of Parliament. These bodies have their own resources, but in some cases a substantial portion of fund is provided by the Government which is also..Category: Constitutional Law | Date: | Hits: 655
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......ry long after the examination was over. The Enquiry Committee held an enquiry and found substance in the allegations, in particular, they found that answer‑scripts of 176 examinees were smuggled in from outside as these scripts were in the handwritings of different persons. On consideration of the......ly with such requisition.” An appeal under Article 52 gives the respondents an opportunity to have their grievance redressed by the Chancellor, who is to decide the appeal on the basis of an independent enquiry. The Enquiry Commission will consist of persons who are not officers of the Univ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ...... Petition No. 10 of 1989). Judgment: Mustafa Kamal J.- These two appeals, one certificated and the other by leave are from the judgment and order of the High Court Division dated 18.6.90 in Writ Petition No. 10 of 198......or to come to a finding that the information or declaration given by the lessee has been made falsely and even though the lessor may receive a secret or open information from any source it has the independent duty to enquire into the allegations received against the lessee and come to an indepen......d requires the lessor to come to a finding that the information or declaration given by the lessee has been made falsely and even though the lessor may receive a secret or open information from any source it has the independent duty to enquire into the allegations received against the lessee and..Category: Property Law | Date: | Hits: 110
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ....... 1038 of 1990. In his writ petition the appellant had challenged an order of the Bangladesh Jute Mills Corporation, briefly the BJMC, dated 16 January, 1990 reducing him in rank i.e. demoting him from the Post of Manager to that of Deputy Manager of People's Jute Mills at Khulna on grounds of ...... the Challan Register maintained at Kanaipur Centre, and made observation that so far as the Manager (appellant) is concerned, he had either connived at this purchase or neglected his duty to make independent verification of the questioned jute before he stored it in the godown. 8. The BJ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ened his grocery shop. He found die eight accused persons siting in the tea‑stall of Rahim and talking among themselves. The accused then went away, but at about 8‑00 AM they came back from their homes. After seeing Abul Hossain @ Abul the accused cried out "catch that brother-&......that the appellant caught hold of the victim by his hair. In dismissing the appeal of the appellant and Mansur Ali the learned Judges of the High Court Division observed: "[PWs 2-5] are independent witnesses. They have no enmity with the accused-appellants. Of course, PWs 2-5 did not......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......nch in Civil Order No. 111 of 1989). Judgment: Mustafa Kamal J.- This appeal by the defendant is by leave from Judgment of the High Court Division, Barisal Bench in Civil Order No. 111 of 1989 dated 6.7.89......ce. 15. In the last analysis, therefore, it boils down to appreciation of evidence. While the trial Court could not place reliance on some witnesses, the lower appellate Court did so giving independent reasons. One may differ with the appreciation of evidence by the lower appellate Court ......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
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