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Bangladesh CoÂoperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......ch as he allowed the Criminal Revision without giving any show cause notice to the petitioner herein. It was further submitted on behalf of the petitioner that the impugned order violated the principle of natural justice inasmuch as the petitioner herein was not given any chance to defend t......A.K.M. Shahidul Huq, Advocate-on-Record-Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-Respondent No. 1. Zahirul Islam, Advocate-on-Record-Respondent No. 2. Criminal Petition for Leave to Appeal No. 543 of 2007. (From the judgment and order dated 08-11-2007 passed b......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ...... or civil liability depends primarily on his intention, which is to be gathered from all the attending circumstances including the transaction itself. It can not be laid down at this stage as principle of law that simple acknowledgement of liability to pay converts what is otherwise an......ld pay Tk. 6,00,000/- and the balance amount would be paid in 6 equal monthly installments. The accused-appellant failed to keep his commitment as per the undertaking and thereupon the informant through lawyer served a legal notice on May 11,1998 and the accused-appellant replied to th......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..Category: Criminal Law | Date: | Hits: 32
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 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) 142. ......o scope in the said Artha Rin Adalat Ain for filing additional written statement and in the case of Sultana Jute Mills Ltd and others vs. Agrani Bank and others reported in 46 DLR (AD) 174 similar principle has been laid down. 5. We are of the view that the High Court Division on proper c......s, 46 DLR (AD) 174. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner S.R. Khosnabish, Advocate-on-Record-For Respondent Nos.1. Civil Petition for Leave to Appeal No. 800 of 2007. (From the judgment and order dated 8.3.2007 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) 142. ..Category: Civil Law | Date: | Hits: 106
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
.... to appeal. 9. The learned Advocate for the pre-emptee-petitioner submits that the court below committed error of law in not considering that the doctrine of propinquity of blood is the guiding principle for the law of inheritance under personal law. In the present case Nanibala is t......l. 9. The learned Advocate for the pre-emptee-petitioner submits that the court below committed error of law in not considering that the doctrine of propinquity of blood is the guiding principle for the law of inheritance under personal law. In the present case Nanibala is the daught......Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-22. Civil Petition for Leave to Appeal No.1507 of 2006. (From the judgment and order dated 29.03.2006 passed b......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......t jurisdiction or made any finding upon no evidence or not considering any material evidence/ facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the Hig......missed the case and thereupon declared that the property in question is an abandoned property and the listing thereof is quite legal. 3. The case of the Respondent No.1, who was petitioner before the Court of Settlement, was that property in question was allotted on 24.8.1957 to Sahera Kha......f appeal and this has been held in the case of Government of Bangladesh Vs. Md. Jalil and others reported in 48 DLR (AD) 10 "The High Court Division was not a Court of appeal required to make determination of facts on its own. It could interfere with the findings of a tribunal of fact under..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......uthority in imposing punishment on an employee of the Trust would not be required to serve the second show cause notice accompanying the inquiry report. We are of the view in the background of the principle of natural justice or in other words in the background of the universal principle that on......ul Wadud Bhuiyan, Senior Advocate (A. K. Ali, Advocate with him) instructed by Nawab Ali, Advocate-on-record-For Respondent No.1. Not represented- Respondent Nos.2-3. Civil Petition for Leave to Appeal No.498 of 2005. (From the judgment dated March 16, 2005 of the High Cour......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..Category: Employment/Service Law | Date: | Hits: 408
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......ppeal No. 1131 of 1993 dismissing the appeal with modification of sentence from simple imprisonment of seven years to a sentence of fine of Taka 10,000 each, in default, to suffer Simple Imprisonment for 2 (two) years each and maintaining the confiscation of plot Nos. 49A, 49B and 49C within Karwan ......ng the idea of penalty or punishment within the meaning of Article 20 (1). Reference in this connection may be made to section 111(g) of the Transfer of Property Act (No. 4 of 1882) which talks of determination of a lease by forfeiture. We are therefore of opinion that forfeiture provided in sec..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 111. ......the defendants have been in possession of the suit land since long and they started construction of a 5 storied building on the suit land and have invested huge amount of money and it is a settled principle of law that the possession of the suit land is vital in respect of granting status quo; t......; Mahbubey Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by ...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 111. ..Category: Property Law | Date: | Hits: 27
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and othÂers, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......ily grossly inflated and does not reflected the fair value of the goods in the international market, the writ petition is not maintainable and is liable to be rejected in limini relying on the principle as has been settled in the case of Mostafa Kamal and another vs. Commissioner of Customs ......mmissioner of Customs and other 52 DLR (AD) 1. Lawyers involved: Zahirul Islam, Advocated on Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 990 of 2006. (From the judgment and order dated 27-06-2006 passed b......h Court Division, submitting amongst others that the fixation of tariff value was not fixed in conformity with the prevailing international market rate and that the authority had no basis for such determination of the tariff value and that the same was not fixed following the Rules framed theref..Category: Fiscal/Taxation Law | Date: | Hits: 70
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......nally this provision was not in the Act. By amendment dated 17.07.1992 this provision namely, Section 6(2) had been incorporated in the Ain. It is submitted by the appellant that the principle as provided in Section 6(2) and Section 7(2) are not applicable in a similar circumstanc......emorandum of Appeal with bank guarantee. 2. The facts of the case, in short, are that the petitioner filed Money Suit No.77 of 1994 in the Artha Rin Adalat against the respondents and others for recovery of Tk. 32,31,99,460.38. After contest the suit was decreed by judgment and order dated......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......ted suit for adjudicaÂtion; that the writ petitioner admittedly surrendered the plot relinquishing his right, title and interest thereon and requested for a joint allotment and as such barred by the principles of waiver, acquiÂescence and estoppel from questioning the legality of allotment in join......passed by the High Court Division in Writ Petition No. 1236 of 1997 making the Rule absolute. 2. The case of respondent No.1 as writ petitioner was that while serving in Bangladesh Army he applied for allotment of a plot in Johar-sahara residential project on 10.12.1991. Thereafter, at his reques......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......sh on evidence that the deceased Peara Begum was killed in the house of the condemned prisoner and the condemned prisoner at the material time was present in the house. 40. It is a settled principle of law that in case of such custodial death of the wife the husband is considered to be re....... Sonali Bank and others, 37 DLR (AD) 42. Lawyers Involved: A.B.M. Bayezid, Advocate-For the Appellant. Mrs. Umme Kulsum, Begum, Deputy Attorney General-for the Respondent. Jail Appeal No. 01 of 2005 (From the judgment an......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ....... 6. The learned trial Judge while trying the suit framed as many as seven issues as to whether the suit is maintainable in its present form, whether the suit is barred by limitation and by principle of waiver, estoppels and acquiescence and by principle of adverse possession, whether the......lved: Abdul Quayum, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not Represented -For the Respondents. Civil Petition for Leave to Appeal No. 556 of 2006 (From the judgment and order dated 25.10.2005 passed by ......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ..Category: Property Law | Date: | Hits: 23
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......t the said memo dated 25.2.2007 constituting an Ad-hoc Managing Committee suspending the elected Managing Committee without giving it any opportunity to be heard was illegal being violative of the principle of natural justice and as such the judgment and order passed by the High Court Division i......ve Officer, Dhaka constituting an Ad-hoc Managing Committee suspending the elected Managing Cpmmittee of Bohumukhi Khudra Kutir Shilpa Samabaya Samity Ltd. 2. The writ petitioners filed the aforesaid writ petition on the averment that they are the elected Members of the Bohumukhi Khudra K......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..Category: Civil Law | Date: | Hits: 126
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......red upon establishment of the fact of their being freedom fighters and they were paid for the 32 years, of receiving Honorarium/Rastrio Sammani Bhata in total disregard of the universally accepted principle of natural justice or, in other words, without hearing them or affording an opportun...... Not represented—the Respondent Nos. 5, 8-12 (In Civil Petition No. 1161 of 2007). Not represented—the Respondents (In Civil Petition No. 1157 of 2007). Civil Petition for Leave to Appeal Nos. 1157-61 of 2007. (From the Judgment and Order dated June 7, 2007 pa......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ..Category: Civil Law | Date: | Hits: 126
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......rence that it was in his exclusive possession or in his possession adversely to other co-sharers as sole possession is not exclusive or adverse possession. It is in conformity with the well settled principle of law that possession of one co-sharer is in point of law the possession of all co-shar......passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land whi......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere 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: 14 BLC (AD) (2009) 19. ...... 4. We have heard the learned Counsel, the impugned judgment and order and the connected papers. 5. As it appears the High Court Division made the Rule absolute holding that in terms of the principle laid down in 1997 BLD(AD) 118, once a building is included in either list of abandoned b......ab Ali, Advocate-on-Record—For the Petitioner. Md. Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by......ere 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: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption CommiÂssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......€¡e| So, under section 3(3Ka)of the said Ordinance, the said Rules can be made applicable for any offence which had occurred during the subsistence (Kvh©KiZvKv‡j ) f the Emergency. 13. Cardinal principle of the criminal jurispruÂdence is that the person concerned should submit to the process ......tion, since he was, in any respect, not fleeing or running away from the law or the Court, or avoiding process of the Court. 2. It was contended from the side of the appellants that in the first information report offence alleged against the writ petitioner is a cognizable one and, as such, being...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......ioner submitted that the respondent No.1 raised no written objection to the Returning Officer or the Presiding Officer for recounting the ballot paper at the time of counting votes. It is now settled principle of law that in order to make out a case for recounting the person who challenges the count......0, 2008. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 1565 of 2007. Judgment Mohammad Fazlul Karim J.- This petition for Lea......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..Category: Election Law | Date: | Hits: 159
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......n QC, Senior Advocate and Advocate A.M. Mahbubuddin with him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioners Not represented - Respondents Civil Petition for Leave to Appeal No. 807 of 2003. (From the judgment and order dated 29th of March, 2003 ......of the concerned cases. 6. The petitioners have sought for declaration of the character or status, which under the circumstances is a disputed question of fact and requires investigation and determination on evidence adduced by the parties, for which the writ jurisdiction under Article 10..Category: Criminal Law | Date: | Hits: 41
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