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Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......e appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......k total TK.1,65,000.00 from the complainant on giving him assurance that he would send the complainant to America. Before the trial Court the accused Mokbul Hossain Howlader though admitted his signature in this Exibit-1 but tried to plead a case that this signature was taken forcibly. But both ..Category: Criminal Law | Date: | Hits: 42
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......s also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......e appellant petitioner being a co-sharer in the entire Jalmohal has a preferential right to get lease of the same and the 12 annas suit Jalmohal and the 4, annas Jalmohal of the Waqf Estate are by nature and quality indivisibly connected and the said right was recognized by the Government in lea..Category: Property Law | Date: | Hits: 50
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ...... This case is also Reported in: 13 MLR (AD) 2008, 110. ......urt Division by decreeing the suit acted illegally, hence the impugned judgment and decree is liable to be set aside. That the High Court Division was wrong in holding that the petitioner changed the nature of the suit premises without permission of the landlord though the respondent stated in his c..Category: Tenancy Law | Date: | Hits: 184
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ...... Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......tion 17(1) of the Act being issued at the dictate and direction of Bangladesh Bank, its superior authority, were ex facie illegal. Besides, the High Court Division had made certain comments about the nature of Writ and their jurisdictional authority to deal with the Writ Petition 8. The learned ..Category: Banking Law | Date: | Hits: 139
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ...... the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......given in his nomination paper, the appellant should, in view of the provisions in proviso (ii) of rule 16(3), have been asked to remove the defect which, according to him, was not of a substantial nature. In rejecting the appellant’s nomination paper in violation of the aforesaid provision..Category: Election Law | Date: | Hits: 114
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ...... DLR (SC) (1978) 222. ......ower of the Court to make such order as may be necessary for the ends of justice. It may be noted that (he provisions of the Code are generally meant to serve the ends of justice but in their very nature they cannot read all possible circumstances. Consequently every court has an inherent power ..Category: Civil Law | Date: | Hits: 116
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. ......ccordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......he practice of making any alterations in or amendments to any of the provisions in the Constitution of Bangladesh, 1972 has been consistently to issue a proclamation, any Regulation which is in the nature of ordinary legislation, such as an Act or Ordinance, cannot be used to affect such alterati..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ...... This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......r, Preventive Officer, Intelligence Officer were made 2nd class gazetted posts vide notification dated 6 June, 1992 and their pay scale was fixed at scale Taka 2300-4480 that due to their different nature of works as such their posts cannot be grouped together and section 8 of the impugned Act i..Category: Constitutional Law | Date: | Hits: 133
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. ......osts. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......ems that what is latent in, but covered by the provisions of Order VIII, rule 6, CPC are made express by the aforesaid amendment, 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, particularl..Category: Civil Law | Date: | Hits: 111
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ...... take extreme legal measures. Penologists in America aptly wrote as early as in 1842 that "Penalties inflicted by human law, having their foundation in the intrinsic ill-desert of crime, are in their nature vindictive as well as corrective" Harsh laws, therefore, are made for the greater benefit o..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ...... hartal that took place on 9th, 10th and 11th February, 1999 there had been innumerable cases of injury including death and mischief to property and quite a number of criminal cases of very serious nature were registered in different police stations. 33. It further appears that in t..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. 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. ...... the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......re is only one plot. The trial Court also noticed in the evidence of p.ws.2 and 3 that the said witnesses do not know the land in suit. In the said state of the matter and because of the aforesaid nature of the evidence of the P.ws the trial Court made the afore stated finding as to the possessi..Category: Property Law | Date: | Hits: 42
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. ...... The appeals are dismissed without any order as to costs. Ed. ......y duty and VAT respectively. The said provisions together with the provision of section 3 and 4 of the provisional Collection of Taxes Act 1931 has made provision for any imposition of taxes of the nature from the placement of budget till it is passed by the Parliament as valid and as such the i..Category: Fiscal/Taxation Law | Date: | Hits: 107
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......e lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......o the non-filing of a copy of the actual decree appealed against dated 30.12.82. The learned Single judge referred to the second objection in his judgment, which he called "objection of a technical nature which need not detain us long". The learned Judge took the view that the order dated 30.12.82..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ...... is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ...... fact that they had been contesting diligently the temporary injunction matter arising out of the suit for permanent injunction in respect of the same suit land. He submits that it is against human nature to stand by when an adversary was aiming at inflicting a bigger harm when the attempted sma..Category: Procedural Law | Date: | Hits: 116
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. ...... the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ...... Court Division, it was held as follows: "Thus, once it is established that the remedy sought is for one performance of same public duty, then relief by way of an extraordinary remedy of this nature is not to be denied merely because some other remedy under the general law is available, unle..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. ......s allowed within directions as set out above. There is no order as to costs. Ed. ...... Availability: Functioning public health and healthcare facilities, goods and services as well as programmes have to be available in sufficient quantity within the State party. The precise nature of the facilities, goods and services will vary depending on numerous factors includin..Category: Environmental Law | Date: | Hits: 255
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....t night, some before the murder and some after it, near the place of occurrence. The trial Court also relied upon a confessional statement of accused Noor Ahmed but the appellate Court rejected it as exculpatory and accepted the evidence of PW 3 read with the evidence of PW 18, who recorded his stat......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. ......ntended that there is no evidence worthy of any credit to connect the appellants with the murder. He contends that the evidence of PW3 Nurul Alam is so improbable, absurd and incongruous with human nature and circumstances of this case that it does not stand even the ordinary test of common sense,..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......ence with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......tion. In view of the fact that the accused-appellants were neither acquitted nor convicted, the correct way of looking at the legislation is to see whether the legislature created a fresh bar, in the nature of section 403 or analogous to it, prohibiting a fresh proceeding. The legislature created no..Category: Criminal Law | Date: | Hits: 46
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......p, relating to the suit register of the rent suit but the same was not proved by calling the person who issued the same and, on the top of "everything, there was no official seal under the signature of the person who is said to have issued the said Exhibit Uma. The learned Counsel in the ba..Category: Property Law | Date: | Hits: 52
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