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Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....7 and also under section 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned ......order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......of the Anti-Corruption Commission found wealth statement of both the accused persons incorrect. Rather the accused persons were found to be in possession of the properties disproportionate to their legal source of income. Accordingly, Mr. Md. Nuruzzaman, Assistant Director, Anti-Corruption Commiss..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....16 of 1972) claiming that the assets of the Buxly Plaints (Pakistan) Ltd. lying at Chittagong including its industrial unit had been acquired by the appellant company and as such were not abandoned properties. The said objection having been rejected by the prescribed authority including the appe......l authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ndent of any statutory provision. 7. Learned Deputy Attorney-General on behalf of the respondent has on the other hand contended that the ownership of the industrial unit concerned having not been legally transferred to Buxly Paints (Bangladesh) Ltd. the disputed concern vested in the Governmen..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal trespass within the meaning of section 441 ......late Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is a...... the evidence on record. 9. We are satisfied that the learned Single Judge of the High Court failed to properly appreciate the decision of the Privy Council cited above and subsequently, acted illegally in setting aside the order of conviction and sentence passed against the respondent and as..Category: Criminal Law | Date: | Hits: 94
....ement in December, 1972 and while he was awaiting for the result of the application, he received a Memo dated 12.1.73 from the Chief Enquiry Officer of the First Screening Board asking him to furnish property statement of the last five years of his own and of his family, "in connection with an enqui......cord - For the Appellant.
Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent.
Civil Appeal No.147 of 1978.
(From the judgment and order dated 24.2.71 passed by the High Court in Writ petition No.22 of 1974).
Judgment
Bad......nged his dismissal order by filing the writ petition on the ground that he had already retired by operation of law on 31.1.73 and the proceedings before the Board and the subsequent orders were all illegal and without lawful authority. Secondly, dismissal order was bad for not giving any opportunity..
Category: Employment/Service Law | Date: | Hits: 107
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......-Record - For the appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by S.S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.136 of 1978. (From the Judgment and order dated 8.6.1978 passed by the High Court Division in Writ Petition No.534 of 1977) Judgm......appellant bearing No.112581 a different pistol bearing No.1124681 was sent to the Arms Expert. In view of the palpable defect in the prosecution case the order of conviction and sentence was wholly illegal. The learned Judges of the High Court Division on examination of the record arrived at the fin..Category: Criminal Law | Date: | Hits: 91
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....n to be called "Bangladesh Biman Corporation". It was provided that the Corporation shall be a body corporate having perpetual succession and a common seal with power, to acquire, hold and dispose of property and shall by the said name sue and be sued. Article 4 detailed the function of the Corpor......Bangladesh Biman Corporation………………………Appellant (both the Appeals) Vs. Chowdhury Mohammad Yusuf………………………Respondent (In Appeal No.24 of 1979) M.A. Rouf and another………………………Respondents (In Appeal No.25 of 1979) Judgment May 4, 1......Order passed by the High Court Division in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether th..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....claiming and improving the same at a huge cost. In 1969 the management of the Ramgarh Tea Estate was taken over by the Government of Pakistan under memo No.7(162)-Board/69 dated 4-12-69 as an enemy property. After liberation of the country the management of the Tea Estate was transferred to Bangla......order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303....... only have been done by taking proper evidence, oral and documentary. Whether the relinquishment by Hirala Mukherjee, Manager of Ramgarh Tea Estate in whose favour the land was originally settled legally transferred title in favour of the Union Agency Ltd. depended on the decision as to whether ..Category: Property Law | Date: | Hits: 87
.... and, therefore, they would not be entitled to receive any notice.
2. In WP No.4116 of 2007 the petitioner on behalf of the Waqf Administrator challenges the order of acquisition of the schedule property by the impugned gazette dated 07-9-2006 by which the property of the Waqf was included in a......s Case is also Reported in: 63 DLR (HD) (2011) 85.
......of RAJUK, respondent No.1 evicting the members of the petitioner’s association from the schedule land. Subsequently, by an application an amendment was sought to be made in order to challenge the legality of the LA Case No.138/61-62 on the ground that the existence of the LA Case was not known t..
Category: Property Law | Date: | Hits: 106
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Sabu Tara Begum and others..........................................Petitioners Vs. Manik Miah and others........... in respect of the homestead land as per provision of section 6 of the Land Reforms Ordinance, 1984. The learned advocate has argued that the High Court Division has erred in not considering this legal position and consequently arrived at a wrong decision. The learned advocate has argued also th..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
.... for 10 years and 7 years respectively with a direction to run both the sentence concurrently 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 prosecution case, in short, is that on 9.9.2004 the informant along with other D.B...... 254; Aslam Jahangir Vs. The State, 5 BLC (2000) (HCD) 514; Habibur Rahman alias Jane Alam Vs. The State, 47 DLR (1995) (HCD) 323; Mohiuddin Vs. The State, 61 DLR (2009) (HCD) 35; Abdul Haider Sikder and another Vs. The State, 43 DLR (AD) (1991) 95. Lawyers Involved: A.B.M. Waliur Rahman Khan......ely with a direction to run both the sentences concurrently. 6. Though the impugned Judgment and order was appealable, the petitioner could not prefer criminal appeal before this Court for lack of legal advice as no Advocate was engaged on behalf of the petitioner to conduct the trial of the case..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....hala Bighnakari Aparadh (Druta Bicher) Ain, 2002 discharging the petitioners from charge should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. After issuance of the rule the informant Arup Ratan Mandal filed an application for ad......t once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......ee months amounts to violation of the provision of sub-section (3) of section 10 of the Ain and the order dated 19.08.2007 passed by the Adalat, discharging the accuseds on that ground was proper and legal. Hence, the order dated 24.02.2008 passed by the revisional Court, thereby setting aside the o..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
.... Corruption Commission Act and sentencing him to suffer R.I for 10 (ten) years and to pay a fine of Tk. 51 lac, in default, to suffer R.I for a further period of 1(one) year and also confiscating the property as per list appended to the F.I.R. and acquitting the co-accused of the charge under sectio......il bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......ha) of the Jaruri Khamata Bidhimala, 2007 was served on the accused on 18.2.2007 and that admittedly, the Commission was not in existence at that time and as such the very issuance of the notice is illegal and without jurisdiction. He further submits that the Judgment and order of conviction and sen..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... Senior Assistant Judge, Second Court, Dhaka in Title Suit No.2 of 2004 returning the plaint shall not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted the suit praying for the following decrees ment......o Reported in: 16 MLR (HCD) (2011) 135.......ing for the following decrees mentioned in the plaint as follows: a) Pass a decree against the defendant declaring the "notice dated 23.12.2003 rescinding the Agreement of Sale dated 4.9.2002 is illegal, void and not binding upon the plaintiff and therefore, the defendant is bound to sale the pro..Category: Property Law | Date: | Hits: 85
....pectively passed by the learned Assistant Judge, Gazipur in Title Suit No.48 of 1986 should not be set aside and/or pass such other or further order or orders passed as to this Court may seem fit and proper.
2. This matter appears in the cause list for hearing with the name of the learned Advocat......130.
......the second Court of Munsif, Dhaka for declaration that the order dated 23.05.1978 passed by the opposite party No.2 in Miscellaneous Case No.17 of 1978 was void ab initio, without lawful authority, illegal, ultra vires and of no legal effect and not binding upon the plaintiff and for perpetual injun..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
.... passed by the learned Senior Assistant Judge, Sadar, Noakhali in Title Suit No.296 of 1994 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The petitioners as plaintiffs, filed Titl......down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......ri by his wife Armada Sundari and all other religious obligations for Mohesh Chandra Kuri were being performed by Santa Kumar Kuri and Armada was very much satisfied with Santa Kumar Kuri and for her legal necessity with the consent of plaintiffs No.1 and 2 made the impugned deed of gift in favour o..Category: Civil Law | Date: | Hits: 103
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....ies to return to the manufacturers, are questions of facts to be determined in trial. At this stage the appellant cannot be discharged on such a defense plea, when a charge sheet has been filed after proper investigation and the Tribunal took cognizance of the offence. 6. We have examined the doc....... - I agree. Ed. This Case is also Reported in: ......e police in course of investigation. [reliance placed on 40 DLR 310, 47 DLR 404, 60 DLR 677, 16 BLT 474, 15 BLD 339, and 16 BLD (AD) 264]. 8. For all the reasons stated above, we do not find any illegality in the impugned order. The appellants will get ample opportunity to adduce evidence, if any..Category: Criminal Law | Date: | Hits: 99
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....o to assist the court for reconstruction of these records. Where both the parties have come again before the court in a subsequent suit admitting that there was an earlier suit in respect of the same property both these parties have responsibilities to produce necessary materials, papers, particular......rendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Hozizur Rahman and others..........................................Petitioners Vs. Abu Bakar Chowdhury and ot......tle Suit No.213 of 1994 after 6 months even if the records of earlier suit is not reconstructed within this time has been in violation of Section 10 of the Code of Civil Procedure and as such it is illegal. Mr. Md. Asaduzzaman, the learned Advocate for the respondents has made submissions in supp..Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....icing fraud. 16. Mr. Abdul Quiyum, the learned Counsel for the respondent No.4, on the other hand, has made submissions to the effect that the appellate court below and the High Court Division, on proper examination of the evidence on record and the facts and circumstances and on proper appreci...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cases) Judgment No......e effect that the appellate court below and the High Court Division, on proper examination of the evidence on record and the facts and circumstances and on proper appreciation of the matter and the legal provisions have rightly held that the decree passed in Title Suit No.169 of 4981 is valid and ..Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....le Suit No.27 of 1995 in the Court of learned Joint District Judge and Artha Rin Adalat No.3 Dhaka against the defendant-opposite parties for recovery of its outstanding dues by selling the mortgaged property. Later on, the said suit was re-numbered on transfer as Title Suit No.54 of 1998 in the Cou......t Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8,......9 and final decree drawn up on 5.9.2000) passed in Title Suit No.54 of 1998 by the Additional Artha Rin Adalat No.1, Dhaka against the plaintiff (hereinafter called as "the opposite party No.1") is illegal, irregular, collusive and not binding upon him and also declaring that irrevocable power of at..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....e, it could not be said that the petitioner was terminated from service because of trade union activities. From the foregoing we find that the High Court Division passed the impugned judgment upon proper consideration of the facts and circumstances and upon correct appreciation of the evidence an......d Imman Ali J Md. Momtazuddin Ahmed J S.M. Kamaluddin………………………………………………………….................Petitioner Vs. Chairman, First Labour Court, Dhaka and others......................Respondents Judgment December 15, 2011. Result: The pet......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255...Category: Labour and Industrial Law | Date: | Hits: 183
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