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Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ed in: VI ADC (2009) 760, VIII ADC (2011) 350. ......dge, Barisal claiming inheritance from Achimunnessa through her daughter Elimunnessa and it was asserted that Achimunnessa died leaving behind her only daughter Elimunnessa who inherited her entire property duly and correctly recorded during R.S. and S.A.Khatian in the name of Achimunnessa and the..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....5, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth......e remedied by judicial review. See article 103(3) barring any interim or other order in relation to any law to which Article 47 applies. The laws referred to in Article 47 embrace a wide variety of property rights, professional, occupational, trade and business rights, almost all embracing in swee..Category: Employment/Service Law | Date: | Hits: 118
....244-246, 248-50 of 2005)
Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005)
Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005)
Vs.
Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals)
And
Md. Eunus and Brot...... submitted that the question whether the writ-petitioner was entitled to extension of time is a disputed question of fact which cannot be resolved in the writ jurisdiction and arbitration was the proper remedy which the writ petitioner did not avail.
8. In Writ Petition No.6895 of 2003 the le..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
..... XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque K......riminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal...Category: Criminal Law | Date: | Hits: 63
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J S.K. Khalilur Rahman and others…………..... Petitioners. Vs. Mrs. Mehe...... 2. The respondent as plaintiff instituted Title Suit No. 106 of 2001 in the Second Court of Joint District Judge, Dhaka against the petitioners praying for declaration of title to the property described in ‘A’ scheduled of the plaint and also for delivery of khas possess..Category: Property Law | Date: | Hits: 24
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the Peo...... 2. Facts, in brief, are that the petitioners filed the above writ petition calling in question the provisions section 12(3) of the Artha Rin Adalat Ain, 2003, the notice for auction sale of the properties of the petitioners published in the Daily Jugantor on 20.7.2005 and also all subsequent ..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam and others ........ Petitioners. Vs. Md. Abdur Rouf....... Respondent. Judgme......bitrary manner without any justification or evidence as to how such solatium was calculated and further solatium may only be paid in relation to losses suffered in transactions involving immovable property and not in relation to recovery of loan money. 4. We are of the view that the High ..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....mel Hossain J S. K. Sinha J Major Md. Bazlul Huda (Artillery)……….....Appellant (In Criminal Appeal No. 55 of 2007, Criminal Miscellaneous Petition No. 08 of 2001 and Criminal Review Petition No.03 of 2000). Lieutenant Colonel Syed Faruque Rahman…&......onding. The learned Judges of the High Court Division found that the warrents of their arrests were duly issued and when they could not be apprehended by the police inspite of their efforts, their properties both movable and immovable were attached in accordance with the provisions of the Code a..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....inal.’’ ......ression to shake and lose their confidence in judiciary leading to devastating repercussion among them detrimental to establish rule of law. 359. We are shockingly in dearth of proper words to deprecate, condemn, disapprove and denounce such treacherous, immoral and unauthori..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......dge to decide on what points he shall hear arguments, if any, and it necessarily postulates that the third Judge is free to decide the appeal by resolving the difference in the manner he thinks proper.” Citing the case of Babu–Vs- State of UP reported in AIR 1966 SC 1467 it has b..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....er. ......s of ‘law’, thereby showing their adherence to the concept of rule of law as propounded by the latter viewers. If the relevant paragraph of the preamble is read as a whole in its proper context, there remains no doubt that the framers of the Constitution intended to achieve &l..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....r. Ajmalul Hossain, Q.C. has referred the case of State of U.P. V. M.K. Anthony, AIR 1985 SC 48 on this point of admissibility of extrajudicial confession. In that case the accused killed his wife and two children. The accused was seen sitting in the adjoining room and on seeing him one witness ......r assertions. They need only ask the Court to say whether these facts exist or not, if the Court’s own knowledge will not help it, then it must look the matter up: the Court can if it thinks proper, call upon the parties to assist it. In my view the alleged statement made by Lt. Col. Syed ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....ith costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......ional jurisdiction and obtained Rules in the aforementioned civil revisions. It was the contention of the petitioners before the High Court Division that the judgment of the appellate Court was not a proper judgment of reversal since the finding of the trial Court, which was based on material evid..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....p; Latifur Rahman J Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin S...... and the letter of credit had imported/procured second-hand/ reconditioned marine engines. Tapashee was asked by the Sangstha by a letter dated 17-12-198 to submit progress report of the work properly in time but Tapashee did not care to reply. The Sangstha had written to Tapashee on 24-11-..Category: Business or Commercial Law | Date: | Hits: 311
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....9) 175. ......n the tenancy and thereby illegally affirmed the decision of the trial Court. He next submits that both the Courts below erred in law in deciding the question of limitation in a casual manner without properly discussing and considering the evidence on this point and the same has resulted in an error..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....ourt Division (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary...... Ministry of Establishment (Annexure “B” to the writ petition) is declared to have been made without lawful authority and is of no legal effect and the respondents are directed to take proper steps in accordance with law forthwith. Communicate the order at once. ..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....n, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others……….Respondents. Judgment August 26, 2009. Law......etitioner as Principal as selection committee has selected the petitioner in violation of Article 4(ka) of Non Government Decree College Teachers Services condition Regulation, 1994. 20. For proper appreciation of the submission of the Learned Advocates for the respective parties, we feel..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ivision Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222......ue of the standing of the 29 permanent and confirmed sitting Judge of the High Court Division as stated above and the maintainability of their leave petition, a decision on the issue is necessary for proper disposal of the appeal. 16. The issue arose when 29 sitting permanent Judges of the High ..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....r Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar C......of the present problem and hold trial of the accused BDR personnel and others either by making new legislation or by amending the BDR Order, 1972 for the offences committed by them after thorough and proper investigation. In this context he submits that neither the amendment of BDR Order nor any new..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructe......nviction of Rameshwar Dayal and others. But in the present case the question is of existence of injures and nature thereof and in such a matter the doctor who held the postmortem examination is the proper person to testify. The police officer who holds the inquest is supposed to mention the appa..Category: Criminal Law | Date: | Hits: 60
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