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Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ladesh, represented by the Secretary, Ministry of Public Works and Urban Development, is that the appellant filed the two Writ petitions with mala fide intention to grab the properties which had been legally taken over under P.O. 16 of 1972. It was denied that Syed Mojibur Rob died in Dhaka on 6th D......ommissioner 1989 BLD (AD) 135 for the contention that the High Court Division erred in law in not according the evidentiary value to the previous judgment in Writ Petition No. 682 of 1980 as to the status of the petitioner in view of the provision of section 43 read with section 13 of the Evid..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....count of malafides. A litigant does not stand to benefit by resorting to delay. In fact he runs a serious risk. 6. It must be grasped that judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is e......n its part is less difficult to understand though more difficult to approve. In any event, the State which represents the collective cause of the community does not deserve a litigant non grata status. The Courts therefore have to be informed with the spirit and philosophy of the provision i..Category: Limitation Law | Date: | Hits: 205
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
.... Rule was discharged by the impugned judgment and order upholding the view taken by the learned District Judge in appeal. 6. Leave was granted to consider whether the aforesaid view was legal and proper and the suit was liable to be dismissed as a whole. 7. Admittedly the p......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....ircumstances, we are of the view that the impugned order 07.01.1993 Annexure-L to the writ petition. Asking the petitioner to repay a sum of Tk.90,322.50/- alleged to have been overpaid lacked legal basis and as such not sustainable in law. The direction for refund is not legally susta......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....rned Senior Advocate submits, inter alia, that the dispute between the parties is of Civil nature and as such framing of charge against the petitioner under section 420 of the Penal Code is illegal and the criminal proceeding itself being not maintainable it is liable to be quashed and......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
.... and fabricated further due to withholding of witnesses Faruque, Gani and Majibur Rahman Howlader and also the Magistrate who examined them under Section 164 of the Code of Criminal Procedure. The legal presumption under Section 114(g) of the Evidence Act is that had they been examined......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....on Officer, Annexure-E to the post of Section Officer, Annexure-E to the writ petition) so far the same relates to Respondent Nos. 3 and 4 to have been made without lawful authority and to be of no legal effect. The High Court Division while making the Rule absolute further declared that the dec......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....th justice and equity. The inherent power of the Court, therefore, is not something which can be exercised merely because a party chooses to invoke it for doing justice without there being any legal proceeding instituted or pending properly of which a Court is in seisin. Exercise of in......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....ccused petitioner advances before us only one point namely that at the time of commission of offence the convict petitioner was aged below 16 years and as such his trial could not be held legally with about who was other co accused of the petitioner, which is barred under s......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....f Md. Jahangir Alam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court Division in Writ Petition No.......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....iven to the office memorandum dated 1-1-1981 was erroneous which to a wrong decision as arrived at by the High Court Division and the same is liable to be set aside. It is further argued that the illegal benefit of the scale of Tk. 470-1135 which was allowed to the respondent No.2 was cancelled b......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....r the offence as alleged. 5. He further submits that the allegation against the petitioners is of abatement in commission of the offence of kidnapping but since it has not been proved by any legal evidence that the informant was the lawful guardian of the victim as according to section 361......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
....t the instance of one Joynal Hazari, an enemy of the petitioner and that there was no eye of witness to the alleged occurrence and as such the judgment of the High Court Division has been passed illegally. There being no evidence warranting conviction of the accused petitioner the High Court Div...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 45
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ed appellant lead to the conclusion that only the accused petitioner Md. Golam Murtuza and nobody else committed the brutal murder of two minor boys Rubel and Mantu and the learned trial Court legally found the accused petitioner guilty under Section 302 of the Penal Code. Accordingly, the ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
....ll such black alachi which the prosecution branded as black Indian alachi and further the alleged place of occurrence was far away from the Indian border and as such it was not possible to bring illegal goods by the petitioner. Mr. Nawab Ali, next submits that the pertinent question as to whethe...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....(d) (VI), of the public Retirement Act, 1974 the age of retirement of the respondents being permanent employees of the Board is 60 and not 57 years, therefore, the impugned memo were issued illegally and without lawful authority. 5. Being aggrieved the writ respondents preferred the ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
.... the basis of which trial Court decreed the suit were not reversed by the appellate court, that defendants alleged case of surrender of korfa tenancy by Jairdudin has not been established by legal evidence and that evidence, both oral and documentary, to that effect is lacking, that S......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....or (current charge) Phones, Dhaka Telecommunication Region (North), Dhaka on 07.10.2001 and that some lands and residential quarters of BTTB situated at Motijheel, Maghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication ......ited within one month. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
.... the assessments of customs duties and other levies on the imported Hard Boards and MDF Boards on the basis of proportionate value were declared to have been made without lawful authority and of no legal effect and the writ respondents were also directed to return the bank guarantees furnished b......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....ef Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka on 01.08.1996 for a declaration that the said order of dismissal was illegal. The learned trial court fixed the suit for hearing on maintainability. Upon hearing only the...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
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