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....nt of High Court Mazar shall not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.”
2. The petitioner’s averment are summarised below;
The petitioner is a nonprofit ......nda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
...... of the petitioner partially and stopping its construction work at the Triple Corner Chatter in front of High Court Mazar shall not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ttorney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 15.2.1995 passed by the Assistant Sessions Judge, First Court, Cox’s Bazar in Sess...... 5.10.1996 and sent him to jail, wherefrom he filed the instant jail appeal. 6. Mrs. Zinat Akhter Nazley Begum, a panel lawyer appointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that in the present case there is no iota of ev..Category: Criminal Law | Date: | Hits: 95
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....nce Act. For better appreciation of law the said sections are quoted below: "4. Punishment for attempt to cause explosion or for making or keeping explosive with intent to endanger life, person or property- Any person who [unlawfully or maliciously]-(a) does any act with intent to cause by an exp......rney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.- This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 29.3.2007 passed by the Special Tribunal No.4, Rajshahi in Special Tribunal Case No.......n order of conviction and sentence, the appellant filed the instant jail appeal. 13. Mrs. Hasna Begum, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that the appellant was arrested on 9.12.2005 an..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....pondent No.1, 2, and 3. Writ Petition No. 3836 of 2010. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondent to show cause as to why their refusal/denial to mutate the property situated at Plot No.N(W)H Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka in the name of the ......s. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, A...... petitioner upon receiving the transfer fee on the consideration money as directed by the High Court Division in FA No.585 of 2001 should not be declared to be without lawful authority and is of no legal effect, and why they should not be directed to mutate the said property in the name of the pet..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....9-6-1991 respectively passed by in Title Suit No.111 of 1989 decreeing the plaintiff suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, is that the plaintiff instituted title suit No.111 of 1989......73. ......desh, represented by the Deputy Commissioner Feni Vs. Har Chandra Nath, 10 MLR (AD) 313; Nurjahan Begum Vs. Nur Rahman, 59 DLR 98; 7 DLR 94; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur, 35 DLR (AD) 216; Khodeja Begum and another Vs. Sagarmal Agarwala alias Sombam..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....litan Special Case No.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of this rule, in short, is that one MM Shabbir Hassan, ......riminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: T......einafter called NEPC) was adjudged to be the lowest tariff proposer for the three sites, the petitioner and the then Electricity Secretary with malafide intention and with the desire of obtaining illegal pecuniary gain from the other bidders took effort by illegal interference to negotiate with th..Category: Criminal Law | Date: | Hits: 156
....968 and article 24 of the Constitution of Bangladesh in case of construction work near Mohansthangor ancient monument and /or pass such other or further order or orders as this Court may deem fit and proper.”
2. Averments figured by the petitioner are, briefly, as follows:
The organization H......gree.
Ed.
This Case is also Reported in:
......spondents to show cause as to why inaction of the respondents from taking necessary steps to stop any kind of construction work adjacent to the Mohasthangor ancient monument, should not be declared illegal and without lawful authority and why direction should not be given upon the respondents to imp..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ondent. Writ Petition No. 8642 of 2010. Judgment Md. Ruhul Quddus J. - The petitioner being a third party mortgagor obtained this Rule challenging an auction notice for sale of his mortgaged property published in the Daily Sangbad on 7.10.2010 and subsequent auctioning of the property in pu...... Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nurul Amin Bhuiyan ... ...................Petitioner Vs. Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is...... the Rule and an order of status quo. 3. The highest bidder Al-haj M. A. Munsur is made respondent No.5 in the present writ petition. It appears from office note dated 6.2.2011 that the notice was legally served upon him, but he did not appear to contest the Rule. 4. Standard Bank Ltd., Imamga..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....not be declared to be ultra vires of the Constitution of the People's Republic of Bangladesh and of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper." 4. It is stated in the petition that the petitioner is a practicing Advocate of the Supr...... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..............................Thirteenth Amendment) Act, 1996 (Act No.1 of 1996) (Annexure "A", "A1” to the petition) should not be declared to be ultra vires of the Constitution of the People's Republic of Bangladesh and of no legal effect and/or pass such other or further order or orders as to this court may seem fit and pro..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... of 2003) should not be declared ultra vires of the Constitution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Overseas Garments Industries (Pvt.) Ltd..............Petitioner Vs. Bangladesh and others.................................Respondents Judgment January 12, 2005. Result: ......sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the application, in brief, are that the petitioner is a c..Category: Civil Law | Date: | Hits: 129
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
.... by the High Court Division in Criminal Revision No.38 of 1981) Judgment Shahabnddin Ahmed J.- The question involved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failu...... the Respondent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Jud...... converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfu..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
.... judicial function of the Court is to be understood in this context, and would therefore, mean that the Court is to be satisfied that the executive function of the public prosecutor has not been improperly exercised, or is not an attempt to interfere with the normal course of justice or for a col......his Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....ank allowed the respondent's prayer for raising the limit to Tk. 90,00,000/- and asked the respondent to execute a deed of mortgage in their favour in respect of their other movable and immovable properties by way of collateral/auxiliary security. The respondent executed a deed of mortgage to me......eferred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm...... a right over or in respect of specific property." (emphasis added) It is not restricted to immovable property and it includes pawn a pledge of movable. The definition makes no distinction between legal and equitable mortgage but the Act makes special provision under Art. 6 which relates to that ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....that as soon as “the holding is transferred by a sale, the sale becomes absolute and the condition for reconveyance cannot suspend operation of a statute” and that by a sale the interest of the property passed and “what remained was merely a right to obtain a reconveyance, or in other words,......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Shafi Khan……………………Appellant Vs. Mannujan Hossain, wife of A.Z.M. Delwar Hussain, Advocate and others………………Respondents Judgment February 16, 1983. Result: The appeal i......arty and the case where he is the original owner. The fact that the original owner even after the transfer has retained a share in the holding is of no consequence and cannot give rise to a different legal position. The right of pre-emption vests in a co-sharer-tenant under the statute and unless th..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....ral that in exercising the said power, the executive organ of the Republic is indispensably required to rely on certain degree of discretion. Unless it is evident that discretion was exercised with improper motive or illegally, they can not be impeached in any forum other than the Parliament. 14.......se is also Reported in: ......tion, who were lucky enough to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people world wide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision a..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....d submits that the petitioner though accepts the liabilities, but filed the application for an inquiry into his C.C account to ascertain whether the sale proceeds against the saving certificates were properly adjusted, so that he is not deprived by imposition of any extra liability, which he does no......gh Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Mohiuddin Chowdhury ...................... Petitioner Vs. Rupali Bank Ltd. and others .................... Respondents Judgment February 15, 2011. Result: The Rule......count or make any inquiry into the matter that has already been adjudicated by a competent Court fixing liability of the judgment debtor. The learned Judge of the executing Court did not commit any illegality in rejecting the petitioner’s application, he concludes. 9. We have perused the writ p..Category: Civil Law | Date: | Hits: 129
....m in pursuance of an order of release of the same by the Government (as contained in Notification No. SRO. 31-L/76 No. Industries/13-3M/104/75/11 dated 17-1-76 together with all papers, documents and properties both moveable and immovable. The said firm used to carry on export, import, indenting and......d.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
...... Order was promulgated on 3rd January, 1972. The taking over of the respondent's firm on 7th March, 1972 under the Abandoned Property Order dated 30th December, 1971 must have, therefore, been illegal. Even assuming that by mistake Acting President's Order dated 30th December, 1971 was mentio..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
.... 5. For ready reference the relevant provisions of the Transfer of Property Act are quoted below: "106. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to yea...... Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal i......ant-appellant should be allowed to rely on a point whose validity depends upon the acceptance of the document itself, which can give rise to such point. Expediency is not an unknown phenomenon in the legal arena, but the principles of approbation and reapprobation are also equally well known. A part..Category: Property Law | Date: | Hits: 103
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......Case is also Reported in: ......ilding and another market building could be constructed. The petitioner as a designated Mutwalli is trying to do so and some tenants of the Estate are making obstruction to the said program to have illegal gain. The respondent Nos.4 and 5 of the writ petition are creating serious obstruction hamperi..Category: Trust/Waqf Law | Date: | Hits: 148
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ...... Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J M/s. Smart Apparels (Pvt.) Ltd……………..…………………….Petitioner Vs. Hanvit Bank Kuni Bong Branch and others………………….Respondents Judgment November 2, 2003. Result: The petit...... of credit being a condition precedent for payment under the letter of credits dated 28.9.1999 and 12.10.1999 but nothing could be placed before us to show any condition precedent or that there was a legal condition for prior satisfaction of the amount under the master letter of credit prior to the ..Category: Business or Commercial Law | Date: | Hits: 208
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