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....d of by this common judgment.
2. These two appeals are directed against the judgment and order dated 18.02.2008 passed by the High Court Division in Writ Petition No.6219 of 2007 making the Rule absolute with direction.
3. The writ-petitioner invoked writ jurisdiction under Article 102(2)(b)(i......free constitution are subverted."
47. Karl Lowenstein in his book "Political Power and The Governmental Process" while dealing with the doctrine and its meaning observed as under:-
"What the so-called "separation of powers" actually amounts to is nothing more and nothing less than the realizat......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
....itle and ownership and validity of the deeds in question could be gone into and decided only by a civil court. The appellants out of the proceedings of the above Misc. Appeal Case N0.13 of 1981 and also from the contents of the annexures of the above Writ Petition No. 159 of 1989 for the first time ......e efflux of time on 31.12.1964 as held in 17 DLR 451, the above proceeding of Exchange Case No. 35/69-70 started on 24.07.1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always wit......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....9 from the plaintiff bank and the plaintiff bank filed the suit in question claiming taka 1,24,93,829.19 which is not more than 200% of the principal loan amount. So the petitioner can not argue also that if this suit was filed at a subsequent date after 30th April 2004, he would have get the be......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......r thereafter, inspite of demands made by the bank. The petitioner hereof as principal defendant contested the suit by filing written statement asserting, amongst others, that it suffered loss due to devastating cyclone of 1997 and accordingly prayed for exemption of interest and that t..Category: Civil Law | Date: | Hits: 136
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....ers pay the respondent No.3, the auction purchaser, interest at the rate of 12%, on the amount of money which the respondent No.3 deposited in the Court with effect from the date of deposit, and also providing default clause. 2. Facts, in brief, are that Agrani Bank, the respondent No. 2 ......there 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: 17 BLT (AD) (2009) 306. ......ing loan from the other financial institution at high interest and that if the auction sale is set aside after about two and half years of the auction purchase the respondent No.3 will suffer huge loss. As it appears in the background of the above submissions, the High Court Division disposed of..Category: Civil Law | Date: | Hits: 191
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Settlement Khatian No.2352. He remaining as the owner in possession in the said land, died leaving behind two sons namely, Rawsraj Banik and Ashwani Kumar Banik and each of them inherited 0.17 acre of land out......Balaram and the plaintiff got his share as per amicable partition. The money deposited in the bank by Balaram was his own money and plaintiff can not claim the same and they also contended that so called solenama was filed in succession case against the will of the defendants and is not binding ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ..Category: Property Law | Date: | Hits: 99
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
.... with their business dealings, the complainant petitioner supplied aluminum steel goods worth Tk. 2,36,00,000/-, against which two bills were submitted, each for Tk. 1,18,00,000/-, and the accused persons paid on bill and the other remained unpaid and subsequently accused persons paid Tk. 50,00,000/......ing the Rule. The High Court Division on detailed discussions on the issues involved has arrived at its decision with cogent reasonings, which are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is al......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..Category: Criminal Law | Date: | Hits: 163
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....on for leave to Appeal No. 749-50 of 2008. Judgment Md. Abdul Aziz J.- The petitioners sought leave to appeal against the judgment and order dated 07.02.2008 passed by a Single Bench of ......test and one Surat Ali Gazi brought Title Suit No. 107 of 1992 against the plaintiffs and the same was dismissed on 01.03.1993 and Barik Moral did not surrender tenancy right to his landlord and so-called deed of Kubuliyat is void and not acted upon and the deeds dated 26.11.1953, 11.05.1960, 11......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ..Category: Property Law | Date: | Hits: 90
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....bdul Aziz J. - This appeal, by leave, arises out of the judgment and order dated 30.07.2003 passed by a Division Bench of the High Court Division in Writ Petition No.1613 of 2003 making the rule absolute declaring the impugned order dated 10.11.2002 to have been passed without lawful authority a......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. ...... petitioner is the proprietor of Islam Ship Builders and Heavy Engineering. The Government of Bangladesh privatized all the trains of the country except the Inter-City trains to overcome excessive loss which were subsidized by the Government. The Government encouraged private sectors to come for..Category: Civil Law | Date: | Hits: 149
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
.... the learned Deputy Attorney General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it......II of 1959) whereby jurisdiction of all courts including the Supreme Court was ousted, it was held as under: "If a statute provides that an order made by an authority acting under it shall not be called in question in any court; all that is necessary to oust the jurisdiction of the courts is tha......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
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....R. No. 105 of 1995 (Mohammadpur police Station Case No. 1 dated 01-10-1995), convicting the accused-Respondents and another under Sections 302/34 of the penal Code and sentencing them to imprisonment for life and ordered to pay a fine of Tk. 5000/- in default to suffer rigorous imprisonment......y. The informant and her husband reported the occurrence to the witnesses. Her husband (deceased) further stated the names of the accused. The condition of her husband was not good and her brother called on a village doctor named Samorendra Nath Bairagi. The doctor gave 1st aid of treatment. The......sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....t the petitioner No.1 entered into an Agreement being No.3.17/Lot-1/2000/310 dated 30.03.2000 with M/s Arab Contractors-Shah Islam Joint Venture for the construction of the main building with some auxiliary structures of the 210 MW Siddhirganj Power Station situated at Siddhirganj, Nar......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. ......gs took place on 11.03.2006, 18.03.2006, 25.03.2006, 08.04.2006, 15.04.2006, 22.04.2006, 29.04.2006 and 20.05.2006. It was argued on behalf of the respondent No.1 (as claimant) that it had suffered loss due to the delay in handing over the site and necessary drawings. It was alleged that the..Category: Alternative Dispute Resolution | Date: | Hits: 344
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....le deed in respect of the property described in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the property in suit to the plaintif......ance of the consideration money within the stipulated period the defendant took back the sale agreement and returned Tk. 1,90,000/- forfeiting the balance amount, that the plaintiff created the so called second agreement dated January 23, 1978 and obtained her signature thereon by force with a v...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....-11-1982 passed by the High Court Division in Criminal Revision Nos. 503, 504 and 526 of 1982). Judgment FKMA Munim CJ- I have gone through the judgments of Badrul Haider Chowdhury, J. and also those of Shahabuddin Ahmed and Chowdhury A.T.M. Masud JJ. and agree with the reasonings as well a......ion under the Customs Act. They are claiming power to investigate the customs offences under the Anti-Corruption Act, 1957. 61. The Anti-Corruption Act provides for constitution of a Bureau to be called "Bureau of Anti-Corruption". Section 3 defines its power in the following words: "3. Cons......ns as made in charge-sheets in the aforesaid two cases do net disclose that any pecuniary advantage was actually obtained either by the Customs Officials or others or that the Government suffered any loss or revenue". Notwithstanding this observation the High Court Division discharged the rules ..Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....l period of 1 year but did not mention any time limit for payment of any of these installments within that one year time. So, obviously the petitioner could have deposited the 1st installment and also any other installment at any time within that one year. So obviously the limitation for filing ......made flexible. In the premises, in the instant case, we are of the view that the reasons given by the High Court Division, quoted above, are in accordance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. Th......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..Category: Civil Law | Date: | Hits: 99
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....e to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ....... 8. In the facts and circumstances and observations made herein above, we do not find any illegality in the impugned judgment and order passed in the revision-al cases and as such no interference called for in the impugned judgments. Accordingly, all the applications for leave to appeal being......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ..Category: Property Law | Date: | Hits: 33
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....ated 13.6.2006. The plaintiff has given wide publicity of their above trade marks at huge costs through various media of publicity with the result that the said trade mark has become closely associated in the minds of the public with the products and services of this plaintiff. By virt......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......mself has admitted that he has imported some consignment from him and as such the balance of convenience and inconvenience is in favour of plaintiff and the plaintiff shall suffer irreparable loss if the ex parte decrees are not stayed and accordingly discharged the Rule modifying the..Category: Intellectual Property Law | Date: | Hits: 361
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
.... appeal of one of the plaintiffs, by leave, against the judgment and order dated February 5, 1997 of a Single Bench of the High Court Division in Civil Revision No.59 of 1968(Jessore)/Civil Revision No. 6061 of 1991 (Dhaka) making the Rule absolute and thereupon dismissing the......ew that the soleh decree passed by a Court should not be lightly brushed aside and that the soleh decree was not challenged by defendant No.3 or by his son P.W.3. But as it appears the trial Court called for the record of the Title Suit No.616 of 1969 and did not find the solehnama in the record......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
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....der dated 20.0.5.2008 passed in Writ Petition No.6262 of 2005 heard and disposed of along with Writ Petition Nos. 2678 of 2005, 3797 of 2003, 6671 of 2004, 1512 and 1513 of 2006, making the Rules absolute. 2. The facts and circumstances giving rise to the filing of the writ petitions are s......ie in such Tribunal. Mr. Nurul Amin and Abul Quashem adopted the arguments of Mr. T.H. Khan, Mr. Quashed however insisted for decision on title. We can only say if any person on behalf of so-called Bhawal Raj Court of Wards Estate or Bhawal Raj Estate is still aggrieved he can go to a Civ......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
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
.... petitioner. 5. It appears from the provision of Section 19 of the Customs Act, 1969 that the Government has been empowered to exempt customs duties payable by the importer or exporter for the reason stated in the said Section. Such exemption is given from time to time by the Government consider......any vested right regarding assessment of customs duties. In the instant cases the duty was not enhanced by the impugned notification rather the exemption granted earlier was reduced which can also be called as partial withdrawal of the exemption. Such withdrawal or reduction in the exemption is ve......stoms Act wherein the authority has modified the percentage in the earlier exemption by inserting "30%" in place of "15%". As a result the petitioner has to pay higher duties suffering huge financial loss. 3. Mr. Abdul Baset Majumder, learned Counsel, appearing for the petitioner submitted tha..Category: Fiscal/Taxation Law | Date: | Hits: 83
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....hafique Ahmed, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 25, 41, 44, 46-48, 50-61, 63, 65-78 and 80 (In Civil Appeal. No. 71 of 2002) Mafizul Islam (In person)- For Respondent No. 64 (In Civil Appeal No. 71 of 2002). Rafique-Ul-Huq, Senior Advocate, i......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 in those appeals. 56. The appellants invoked the Heydon's mischief rule and contend th......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. ..Category: Employment/Service Law | Date: | Hits: 118
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