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Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....l review the court does not assume the function of an appellate authority, far less pass an interim order in a matter of criminal matter. ……………………….…(10) Cases Referred to- Chand Shah Vs. Crown, 8 DLR (FC) 24, Gul Hassan Vs. State, 21 DLR (SC) 109, Anti-Corruption Commissio......iples and binding precedent, which together make for certainty, uniformity and predictability. These in turn provide the foundation of fairness in justice delivery system. 10. We are surprised to note that conflicting orders were passed in this instant writ petition. After noticing that the writ..Category: Anti-Corruption Laws | Date: | Hits: 211
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....of. In view of such position without finding any inconsistency in the thumb impression of the donor, the High Court Division was wrong in disbelieving the registered instrument merely comparing the hand writing of the scribe inspite of the fact that subsequent documents were written after 8 year...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..Category: Property Law | Date: | Hits: 92
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
.... that letter addressed to writ-respondent No.4 stated his inability to increase the bid money on the ground that the train No.411/412 and 453/454 run during the rush hours of the day, on the other hand, train No.461/462 and 455/456 would run only during off-peak hours for which it would be less ......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. ..Category: Civil Law | Date: | Hits: 149
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
.... such the respondent No.1 was claiming over 6 (six) times the original agreed contract price. In the statement of claim the respondent No.1 claimed, inter alia, that the petitioners had delayed in handing over the site to respondent No.1 and as such the machinery and staff had lay idle at consid......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....was paid to the municipal authority and that no municipal holding was opened in the name of the defendants' predecessor or in the name of the defendants in respect of the land in suit. On the other hand the plaintiff has filed the papers to show that the municipal holding stand in the name of th...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..Category: Property Law | Date: | Hits: 82
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....er son of the Waqf, as Mutwalli and for smooth management of the waqf estate also formed a Committee comprising of seven heirs of the waqif including respondent No.10 and asked the respondent No.9 to handover, within seven days of receipt of the order, the charge of Mutawalli to the respondent No.1;......rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...Category: Trust/Waqf Law | Date: | Hits: 518
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....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 plaintiff upon removing all the obstacles ...... 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)
....er Chowdhury J, they need not be once more repeated here. From these provisions in the Customs Act, it is apparent that the legislature has conferred ample authority upon the Department of Customs to handle the clearance and delivery of goods both on their arrival to and departure from any port in B......provided in the Table below section 156 of the Act. Elaborate provisions regulating the procedure relating to investigation of the offences are also provided in the Act. As these provisions have been noted in the judgment of Badrul Haider Chowdhury J, they need not be once more repeated here. From t..Category: Fiscal/Taxation Law | Date: | Hits: 129
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....er of the pre-emptors was not acted upon because the executants of the deed had no right to sell out the property which was bequeathed by way of waqf by their predecessor Abdul Haque Dovash before hand. Abdul Jalil and others as the heirs of Imamuddin got the land owned by way of inheritance and......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....in Ahmed 50 DLR (AD) (1998) 27; Mujibur Rahman Vs. Bangladesh 44 DLR (AD) 111; Sp Sampath Kumar Vs. Union of India AIR 1937 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2);L. Chandra Kumar Vs. Union of India AIR 1997 (SC) 1125; Pakistan Vs. Sheikh Abdul Hamid, PLD 1961 (SC) 1......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
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....o understand why the vires of the said Ordinance was made the major issue for decision when none of parties came to the court seeking a declaration that the Ordinance was ultra vires. On the other hand, the question directly raised for consideration and decision by the writ petitioners was wheth...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
....ly, if it is a pure and simple contract which is entered into by the Government in its trading capacity for any breach of, such contract writ will not be available as remedial measure, on the other hand, if the contract is entered into by the Government in the capacity as sovereign then writ juris......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....3.9.2008 the respondent No.3 Bank, inspite of the above order of “stand over” most illegally executed a sale deed in favour of the auction purchaser and that the petitioners, having no hand for such “stand over”, had no fault at all and that after the lifting the emergenc......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: ..Category: Civil Law | Date: | Hits: 88
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....DLR 615; Babu v. State of U.P. AIR 1965 SC 467; Union of India v. Ananti Padmanabiah, AIR 1971 SC 1836; Tanviven Pankajkumar Divctia v. State of Gujrat (1997) 1 SCC 156=AIR 1997 S.C. 2193; Sharat Chandra Mirta v. Emperor ILR 38 Cal 202; Ahmed Sher V. Emperor, AIR 1931 Lah 513; Subedor Singh v Em......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... towards Bangabhaban. 180. P.W.40 stated that during the relevant time, he was a lieutenant of Lancer Unit of which Farooque Rahman was the commander and he attended the night parade and he handed over the parade to Mohiuddin (Lancer) who then handed over the parade to Farooque Rahman and......onic evidence Material Ext Nos. 32 and 12 are taken up for consideration. 199. P.W.58, exhibited the issue of the "Sunday Times" dated 38.05.1976, which was marked as Ext X with a note of objection by the defence, stating that he while acting as Director Ministry of Foreign Affa..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....s of the Country, with tears rolling on their cheeks, termed the incident as pathetic, brutal and barbarous referring to and reminding us the tragic incident of "Karbala massacre" in the hand of devil forces of Yeazid. 342. They all in unison with chocked voice sought justice na...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....express his opinion. It is not permissible to only or merely indicate the agreement with one or the other view without giving reasons therefore.” 486. In the case of Sarat Chandra Mitra–Vs-Emperor reported in ILR 38 Cal 202, where the High Court Division of India ob......p; 486. In the case of Sarat Chandra Mitra–Vs-Emperor reported in ILR 38 Cal 202, where the High Court Division of India observed- “Two points are worthy of note in connection with this section: first, that what is laid before another Judge is the “..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....e earliest official document in which the phrase appears, in the form a Government of laws and not of men. A system of Government in which executive, legislature and judiciary are each in separate hands with each essentially limited to its own sphere of activity was regarded by the American......l as a Court-Martial, Sections 125, 126 and the Rules have made suitable provisions to avoid a conflict of jurisdiction between the ordinary criminal courts and the Court-Martial. But it is to be noted that in the first instance, discretion is left to the officer mentioned in Section 125 to ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....icial confession is reliable and the evidence of such confession comes from the lip of a witness who is unbiased, the same can be relied upon and a conviction can be founded thereon. In the case in hand I find that P.W.s. 8 and 15 are neutral witnesses and they have proved the admissions of four......d to kill Mujib, dare you put me on trial”. This witness proved the signature in the forwarding letter sent with the magazine by Mr. Shafi-U-Ahmed. The trial Court marked the magazine with a note of objection by the defence. This witness also exhibited with objection a video-cassette broad..Category: Criminal Law | Date: | Hits: 291
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