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Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ...... June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No remand order c......t of the concurrent finding of the trial as well as appellate court below as regards title and possession of the plaintiffs the impugned judgment of the High Court Division for remand of the suit for determination of title and partition cannot be sustained in law. The order of remand betrays lack of..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......r defying the process of the court………………………..(6) If the High Court Division is allowed entertain the writ petition on behalf of a fugitive from justice, ignoring the long settled principles being followed by the courts, the fugitives from justice either convicted or not will be ...... obligatory to submit to the due process of law who seeks the interference on revision of a judicial order. The rule of law depends upon definite principles and binding precedent, which together make for certainty, uniformity and predictability. These in turn provide the foundation of fairness in ju......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ......elter towards a complete life since the same is an essential item for construction of building and is violative of fundamental right as per Article 31 read with Article 8 and 15 of the fundamental principle of state policy. 4. It appears from the record that the petitioner challenged the ......awyers Involved: Habibul Islam Bhuiyan, senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for leave to Appeal No. 1251 of 2006. Judgment &n...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......used Petitioner Md. Akhlas Hossain was totally unaware of existence of the case against him and at no stage of the proceeding a warrant of arrest order of attachment was served upon him. It is the principle of law that a trial in absentia can be held upon exhausting the provision regarding Gazet...... Lawyers Involved: S. N. Goswami Advocate instructed by Syed Mahbubur Rahman Advocate-on-Record-For the Petitioners. Not Represented-For the Respondent. Criminal Petition for leave to Appeal No. 245 of 2008. Judgment &n......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ..Category: Criminal Law | Date: | Hits: 126
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......dents to give the work order and licence to the writ petitioner within 2 weeks from the date of receipt of the order holding, inter-alia, that the action of the respondent No.4 was contrary to the principle of Administrative justice and was not at all fair and which could not be approved by any ......thereof in respect of train being Nos. 461 and 462 and 455/456. 2. The respondent No.1 as the writ-petitioner filed the writ petition challenging the said impugned order dated 10.11.2002 and for direction upon the writ-respondents to give final approval of his work order as mentioned in th......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......nimously decided not to proceed against her under Section 5(3) of the Service Sangbidhi-8 and terminated her service under Section 101 of Service Sangbidhi-6, and as such there is no violation of the principle of natural justice. The learned Counsel next submits that the High Court Division erred in......Corporation, Dacca Vs. Mahbub Hossain Chowdhury 29 DLR (S.C) 41; V.P. Ahuja vs. State of Punjub and others reported in AIR 2000 SC 1080; Dipti Prakash Banerjee Vs. Satvendra Nath Bose National Centre for Basic Sciences, Calcutta, (1999) 3SCC 60 AIR 1999 SC 983; Managing Director, ECIL Vs. B. Karunak......e has no cause to make a grievance if the termination or retirement is brought about in accordance with law or contract without causing any aspersion or stigma upon the incumbent. But if the order of determination or retirement contains any expression from which an aspersion upon the incumbent may b..Category: Employment/Service Law | Date: | Hits: 118
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......1940 (PC) 105 where their lordship the judicial committee of the Privy Council though dealing with a civil matter in connection with a complete ouster of Civil Courts jurisdiction, has enunciated the principles relating to exclusion of jurisdiction of the courts by way of enactment and it was held a...... State. Criminal Miscellaneous Case No. 3875 of 2007 Judgement Nozrul Islam Chowdhury, J.- On 29.3.2007 this application under Section 498 of the Code of Criminal Procedure with a prayer for anticipatory bail, was placed before this Court in connection with G.R. Case No. 8 of 2007 arisi......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......damages only from the defaulting party, is unsound. Illustration (a) to section 73 applies on all fours to the facts of the present case. The illustrations to the section are but general rules. The principle is that the defaulting party must pay the difference between contract price and the mark......Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For Respondent No.1 (In all cases) Not represented-Respondent Nos. 2-4 (In all cases) Civil Petition for Leave to Appeal Nos. 2263 and 2211-2212 of 2008. (From the judgment and order dated 22......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......cquisition of land no order can be made for de-requisition of such land. 29. It is pertinent to mention here that according to Salmond a precedent is a judicial decision which contains in itself a principle. The underlying principle which thus forms its authoritative element is often termed the r......nistry of Land and others 9 BLC (AD) 56; Sadeque Uddin Ahmed and others Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others 3 MLR (AD) 91; Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 27 DLR 597; Bangladesh represented by the Secretary, Ministry of Land Ad......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..Category: Property Law | Date: | Hits: 79
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......sence of any such express provisions would it be assumed that the provisions of Clause (4) in the Government Notification dated 24,8.72 has led to such ouster. Moreover, when it is a well-established principle of law that no subordinate legislation can nullify the express provisions of an Act of the......gmenting Revenue The entire scheme of the Customs Act shows that the main concern of the Customs Authority is to augment the revenue by levying tariff duties under the Customs and Tariff Acts and for preventing smuggling..............(48) The Customs Act, 1969 (IV of 1969), Section 156 O......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ...... Court Division erred in sending the suit back on remand to the trial court for fresh decision when all the material evidence and the inspection report were available on record and it is a settled principle of law that when all materials are available on record the court would decide the po...... Ahmed, Advocate-on-Record-For the Petitioners. A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.2294 of 2008. (From the judgment and order dated 25.3.2008 passed by......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ..Category: Property Law | Date: | Hits: 41
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......68;াবেক Benefit পাইবেন।" the learned Courts below committed error of law in passing the impugned judgment which is against the principle of natural justice and as such the same is liable to be set aside. 8. We have hear......009. Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by ......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ...... the Court was required to deal with the matter in controversy in the context of right and interest of the plaintiff and the contesting defendant Nabisuddin or his heirs and none else. The settled principle of law is that a suit shall not fail for reason of mis-joinder or non-joinder of the part......sif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No.616 of 1969 of the Court of Munsi......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......gh Court Division has erred in making the rule absolute and directing the respondent No.4 to proceed with the case inasmuch as it failed to appreciate that writ-petition is not maintainable due to principle of res judicata as the writ petitioner unsuccessfully moved the High Court Division in Cr......ting the Metropolitan Sessions Judge, Dhaka to proceed with the Special Case No.39 of 2004 arising out of Complaint Petition No.3795 of 2003 filed against the appellant-writ-respondent No.5 and pro-forma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellan......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ...... the State 'Acquisition Rules is a misconceived application and not entertainable inasmuch as the said application did not contain any ingredient of any act of fraud and that it is the established principle of law that a mere allegation of fraud is not sufficient and unless the ingredients of fr......p; Not represented-Respondent Nos. 2-3, 5-15 & 17-26 (In Civil Petition No.1452 of 2008). Judgment July 19, 2009. Civil petition for leave to Appeal Nos. 1447-52 of 2008. (From the judgment and order dated 20.05.2008 pas......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..Category: Property Law | Date: | Hits: 67
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......easons assigned by the trial Court, reversed the judgment and the findings recorded by the court of appeal below are well reasoned and supported by evidence on record and are based on correct principle of law. 6. We are of the view that the High Court Division on proper consideration...... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-60. Civil Petition for Leave to Appeal No.1854 of 2007. (From the judgment and order dated 5.11.2007 passed by......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ..Category: Property Law | Date: | Hits: 23
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......tinued as the ad hoc appointees but did not appear before the Public Service Commission at the first examination held in March 1977 pursuant to the amended advertisement, otherwise, under the general principle of seniority provided in Establishment Manual; Volume 1, ad-hoc appointees will continue t......the writ respondent Nos. 1-10 to follow the final gradation list published on 1.10.1990 (Annexure-H) relating to the writ petitioner respondents and other writ respondents. 2. The facts relevant for disposal of these appeals are common as detailed in those writ petitions, inter alia, that the w......et a recommendation at the first chance and those who could not appear before the PSC due to circumstances detailed in Sub-rule (Gha). But ultimately the issue which is dependent upon certain factual determination of certain question was left undecided in the decision as no decision was called for..Category: Employment/Service Law | Date: | Hits: 118
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......of Bangladesh reported in 47 DLR 515 and in the shaping case reported in 39 DLR (AD) 85 and in the case of the Managing Director, Dhaka WASA reported in 51 DLR (AD) 56, which case also deals with the principle of the legitimate expectation, and also the case of the Managing Director, WASA reported i......eposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law.
Cases Referred To-
Sharping Matshjibi Samabaya Sa......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......120 of 1987, found that the petitioners are habitual defaulters. The defendant/petitioners contested case and filed written statement contending that the suit is not maintainable and barred by the principle of waiver, acquisance, estoppel and limitation and that the plaintiff, the predecessor of......rd-For the Respondents (In all the cases) Civil Review Petition Nos. 110-116 of 2008. (From the judgment and order dated 5.6.2008 passed by the Appellate Division in Civil Petition for leave to Appeal Nos.1630-1636 of 2007). Judgment &......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 48
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......dence, it may be dispensed with in certain circumstances. 208. However the Evidence Act, 1872 is a procedural law and at the same time is an ongoing statute. According to Francis Benion, the principle of interpretation of an ongoing statute should be that Parliament intends the Court to ap......ile the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dalim to wait for some time and then both of them followed Mohiuddin (Lancer) who then arranged uniforms for the...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
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