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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. ......in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. This refers to a case at a trial stage and thereafter. 5. The High Court Division was moved with an application under section 561A of the Code of Criminal Procedure for quashing the proceeding; The Hi..

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. ......1 -2-2004 passed by the High Court Division in Writ Petition No. 5360 of 2003 making the Rule absolute. 2. The facts leading to this petition, are briefly stated, to the effect that on an application made under Article 102 of the Constitution of the People's Republic of Bangladesh filed..

Category: Employment/Service Law | Date: | Hits: 66

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......chanized cultivation. The said Samity was registered under the Co-operative Societies Act, on 21-3-1974 vide Regd. No. 2109; that all the aforesaid 39 members of the Samity as landless peasants filed applications to the Sub-Divisional Officer, Habigonj in their individual capacity in separate printe..

Category: Property Law | Date: | Hits: 77

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. ......etition Nos. 830,831 & 832 of 1999). Judgment:                    Md. Tafazzul Islam J.- This application under Article 105 of the Constitution of the People's Republic of Bangladesh is for rev..

Category: Business or Commercial Law | Date: | Hits: 88

Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)

....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......perties. …………………..(5) The order of status quo was required to be filed before the learned District Judge and that being not done, there was no scope for converting the revisional application into a first miscellaneous appeal. The High Court Division was quite correct in holding ..

Category: Civil Law | Date: | Hits: 92

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....e background of the said submission the learned Counsel submitted that the case should be sent back to the Court of Sessions which is the proper Court in the facts and circumstance of the case for fresh trial. 11. Prosecution case at the start and at the trial was that death was don......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

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......in the "Ka" list as abandoned property by notification in the official Gazette on 28-11-85 under section 5 of the Abandoned Buildings (Supplementary Provision) Ordinance, 1985. The appellant filed an application under said Ordinance to exclude the property from "Ka" list of abandoned properties befo..

Category: Property Law | Date: | Hits: 108

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. ......following land dispute his wife was attacked and injured by miscreants, he on verbal permission from his office left for home at Khulna by filing petition for 10 days leave and thereafter, he sent application for extension of leave for 30 days but was not informed as to whether leave was sanctio..

Category: Administrative Law | Date: | Hits: 113

ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)

....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......record leads to the irresistible conclusion that the offence alleged against the petitioners has not been committed by them in the discharge of the official duty, section 197 Cr.P.C. has no manner of application in the present case…………..(21) The two petitioners as members of the Police Es..

Category: Criminal Law | Date: | Hits: 78

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. ...... is not maintainable in its present form and manner; that the suit is baseless and barred by limitation and there is also no cause of action for the suit; that the defendants on 11-12-1985 filed an application to the Deputy Commissioner, Kishore­ganj for issuance of a no objection certificat..

Category: Property Law | Date: | Hits: 69

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....lant was asked to make comments on some allegations published against her in a daily newspaper but she remained silent and this tantamounts to notice to show cause and hence no fresh notice to show cause before her removal from service was required to be served upon her. In o...... 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)

....he purported executants. These documents were marked "exhibits" by the Assistant Sessions Judge but, subsequently, when the case was transferred to the Additional District Magistrate, no fresh exhibit marks were given, nor were these documents referred to with any exhibit marks. They w......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..

Category: Criminal Law | Date: | Hits: 68

Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)

....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......t to suffer rigorous impri­sonment for one month more. 2. Against that order of conviction they filed an appeal, Criminal Appeal No. 410 of 1991, before the High Court Division. On their application a Rule was issued upon the Deputy Commissioner, Gaibandha, to show cause as to why they..

Category: Criminal Law | Date: | Hits: 50

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....aid local bodies. The areas in which these bodies other than the Zilla Parishads have been constituted shall have to be designated as administrative units by amending these statutes. Designation afresh of the unions and municipalities is also necessary in view of the fact that Act No. IX of 197......t cannot have any meaning with respect to enforcement of law. Article 102(1) of the Constitution speaks of enforcement of any of the fundamental rights conferred by Part III of the Constitution on an application by an aggrieved person. Article 102(2) gives the power of the High Court Division to iss..

Category: Constitutional Law | Date: | Hits: 655

Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)

....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......e judgment-debtor No. 2 Khondkar Mahtabuddin Ahmed which were lying with the UCBL. Having coming to know of the said order of attachment from a notice published in the newspapers the UCBL filed an application for vacating the said order of attachment and also for stay of the sale by auction whic..

Category: Business or Commercial Law | Date: | Hits: 124

Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)

....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......sp;   ATM Afzal J.- The petitioner, a witness in the trial (PW 2), is challenging an order of acquittal passed by the High Court Division in appeal. 2. The petitioner made an application on 19.12.1980 to the District Anti‑Corruption Bureau, Dhaka whereupon an Assistan..

Category: Criminal Law | Date: | Hits: 61

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. ......ancellor is satisfied with the opinion given by the syndicate, then, the chancellor may reject the appeal straightaway, in which case the aggrieved party might come to the High Court Division with an application under Article 102 of the Constitution. If the Chancellor thinks that the matter should b..

Category: Constitutional Law | Date: | Hits: 169

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......n the matter the contractor-appellant obtained the appointment of Engineer Alhaj Md. Aflatoon, then the Chief Establishment Officer (East), Bangladesh Railway, Chittagong as the sole Arbitrator on an application before the learned Subordinate Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38..

Category: Alternative Dispute Resolution | Date: | Hits: 202

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. ......989 discharging the Rule Nisi. The writ petitioner is the appellant in both the two appeals. They have been heard together and will be disposed of by this common judgment. 2. Pursuant to his application dated 21.9.77 respondent No. 4 Md. Abdul Matin was given a provisional allotment of mo..

Category: Property Law | Date: | Hits: 110

Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)

....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ...... 1983 of the Court of Small Causes and First Assistant Judge, Dhaka for eviction of the predecessor of the appellants as tenant. The decree was executed on 22.9.84 by evicting the tenant who filed an application under Order 9 rule 13 of the Code of Civil Procedure, giving rise to Miscellaneous Case ..

Category: Tenancy Law | Date: | Hits: 90