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Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... and pro-forma-respondent No.15 are not bound by that judgment and also for permanent injunction restraining the defendant-resplendent No.1 from evicting the plaintiff- petitioners from any part of suit land by putting the said judgment and order in execution. 3. The averments m...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......unction only to deprive the defendant No.1 from getting the fruit of his case. It was further stated that the plaintiffs have no legal right to challenge the said judgment and order and no judicial proceeding can be stopped or restrain by was of temporary injunction when the same was upheld on co..Category: Property Law | Date: | Hits: 33
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
.... preferred departmental appeal on 26.5.1982 before the Deputy Inspector General of Police, Khulna Range, the respondent No.2, but the appellate authority did not communicate to the petitioner any result of the above appeal and so the petitioner filed an application to the Inspector General ......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) 780. ......that the enquiry against the petitioner was duly held and the petitioner being found guilty therein, was removed from his service and no illegality or irregularity was committed in the departmental proceeding. The Administrative Tribunal, after hearing, allowed the case and ordered reinstate..Category: Administrative Law | Date: | Hits: 162
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....oners before the PSC and accordingly the PSC Vide letter dated 22.9.86 vide annexure-F requested the Ministry of Communications to obtain an undertaking from the ad-hoc appointees who did not fail at any interview before the PSC. The writ petitioners gave undertakings that they did not fail at inter......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. ......e jurisdiction in respect of matters relating to or arising out of the terms and conditions of persons in the service of the republic etc. Article 117 (2) provides that no court shall entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of such Tribun..Category: Employment/Service Law | Date: | Hits: 118
....refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of 12% per annum in Civil Appeal No. 244 of 2005 and to refund the earnest money and security money deposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in......n of the contract and forfeiture of the amount, the writ petitioner has filed the writ petition.
23. It appears from the submissions and the materials on record that the writ petitioner at one stage stopped the contract-work showing reasons including raising season and defaults on the part of......urchase committee for necessary action. The purchase committee in its 30th meeting (2002-2003) dated 25.11.2002 considered the pros and cons of the matter and on 19.12.2003 accorded approval of the proceeding of the said meeting regarding the decision regarding "full of contractors RHD registrat..
Category: Civil Law | Date: | Hits: 212
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....rty described in schedule ‘B’ of the plaint upon eviction of the defendants and/or persons claiming through them and also for permanent injunction restraining the defendants from making any construction and/or changing the nature and character of the land as described in schedule &ls......art of the claim within the meaning of Order XXIII of the Code of Civil Procedure” but must be held to be a material change of the plaint changing the cause of action for the suit at the late stage of the proceeding causing prejudice to the defendant. The learned counsel next submits that ......im within the meaning of Order XXIII of the Code of Civil Procedure” but must be held to be a material change of the plaint changing the cause of action for the suit at the late stage of the proceeding causing prejudice to the defendant. The learned counsel next submits that this Division ..Category: Property Law | Date: | Hits: 24
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....ant tried to lodge an information with the then Lalbag Police Station immediately after the incident but the same was not accepted by the police. Then out of fear for his own life he did not lodge any FIR until now. At long last, 2.10.1996, be lodged the FIR with the Dhanmondi Police Station in ......terfere with the opinion of the third Judge on the reasonings that “Since we have heard the matter in respect of all the three appellants at length we do not think it is desirable now at this stage to remand the matter when only some of the appellants could be said to have been prejudiced b......ned absconding during the whole period of trial, was brought back from Bangkok to Dhaka on the date of the pronouncement of judgment of the trial Court i.e. 8.11.1998 in pursuance of an extradition proceedings against him in Bangkok and he then filed a regular appeal against his conviction and s..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....would participate with them and thereafter they jointly marched and reached at the meeting point of road No.32 via Balurghat, Mohakhali Road-Farm Gate and that Mohiuddin directed them not to allow any persons to move through Road No.32 and further informed that if they heard any sounds of firing...... similar suggestion made to him on behalf of Col. Mohiuddin (artillery). Further this witness deposed in Court on 19th October, 1997, after more than 22 years of the occurrence and at this belated stage there was no occasion for him to harbour any apprehension of being implicated in Sherniabat&r...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....barrassed for reasons best known to them. He concluded that, having taken oath to dispense justice without fear and favour, such attitude of the learned Judges shown to this case must not repeat to any case in future except on the grounds as provided in their Code of Conduct. 346. The le......ngle Judge, but as a Bench. The case is not one which is dealt with in fact by a single judge, but one which is dealt with by three judges, even though the third judge is dealing with it at a later stage then the two disagreeing judges. 397. Mahim Mondal –Vs- State reported in 15 ......t Division in the Writ Petitions scrapping the Indemnity Ordinance,1975 and upholding the Indemnity Repeal Act being Act No.21 of 1996 (Ref: 49 DLR 133 and 18 BLD (AD)155). Thereafter, the instant proceeding started and trial of 20 charge-sheeted accused including the convicts held and they (15)..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....Cr.P.C in the following words: “All that S.429 says is that the opinion of the two judges who disagree shall be laid before another judge who, after giving such hearing, if any, as he thinks fit, shall deliver his opinion and the judgment or order should be in accordan......onsidered not as a single Judge, but as a Bench. The case is not dealt with by a single judge, but one which is dealt with by three judges, even though the third judge is dealing with it at a later stage then the two disagreeing judges. 494. In the case of Abdur Raziq–Vs- The State ......isages that in respect of a civil offence, when a Court-Martial and a criminal Court have concurrent jurisdiction, the prescribed officer of the Army has discretion to decide before which Court the proceeding shall be instituted and if he decides that the case shall be instituted before a Court-..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
.... with retrospective effect from 15th August, 1975. Thereafter he promulgated the Indemnity Ordinance, 1975 on 26th September, 1975. This Ordinance was promulgated putting restriction on taking of any legal or other proceedings against persons in respect of certain acts; things, committed by tho......not try to make out a case of mutiny rather they tried to justify their action as one of successful coup d’etat. They set up a new plea of defence just reverse to what they took at the trial stage in the High Court Division although there is no material in support of the plea. Let us now c...... effect from 15th August, 1975. Thereafter he promulgated the Indemnity Ordinance, 1975 on 26th September, 1975. This Ordinance was promulgated putting restriction on taking of any legal or other proceedings against persons in respect of certain acts; things, committed by those persons in conne..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... considered case of Sahoo (supra) and other decisions (AIR 1974 SC 1545, (1975) 1 SCR 747, AIR 1975 SC 258, AIR 1966 SC 40 and AIR 1977 SC 2274) Desai, J. and was of the view that there is neither any rule nor of prudence that evidence furnished by extra judicial confession can not be relied up......sailant about the identity of Sheikh Kamal and soon thereafter, he brush fired aiming Sheikh Kamal. One bullet hit his leg and another hit P.W. 50’s leg. Sheikh Kamal died on the spot. At one stage P.W.50 wanted to take out P.W.1 and Sheikh Kamal through the back side door and when they cam...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....ipping Lines Ltd., to which the disputed loan was granted, was made opposite party No.1 and its directors were made opposite parties No. 2-5. Dira Dockyard and Engineers Ltd., another company, was made opposite party No. 6 and its directors were impleaded as opposite party Nos. 7-1......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ...... ATM Afzal J.- These two appeals by leave taken up together for consideration arise out of a proceeding under Article 33 of the Bangladesh Shilpa Rin Sangstha Order, 1972 (President'..Category: Business or Commercial Law | Date: | Hits: 311
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ally by drawing non-existent distinctions between natural and juridical person in relation to payment of 'Zakat' although no such distinction existed in the Income Tax Ordinance, 1984 or any other law and when, in fact, the only consideration for exemption of payment of income tax......f the Ordinance. 19. "Ijmaa" and "Qiyas" on the Muslim Law as well as regarding the different Islamic institutions, including institution of 'Zakat', has not reached to a stage of the present advanced thought on Muslim law and institutions or that flow of time is not t......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....t of the disputed Holding No.58/1-A Purana Paltan and the respondent No.4 was the claimant of Holding Nos.59 and 59/1, Purana Paltan, and both of them were bent on creating serious breach of peace at any moment and so the said Holding No.58/1-A. Purana Paltan be attached and a receiver be appointed ......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......he possession of holding No.59/1 Purana Paltan, Dhaka to Mr Humayun Kabir, the added respondent No.4. 2. Facts, in brief, are that on the basis of the General Diary Entry No.1100 dated 12-11-97, a proceeding was drawn under section 145 of the Code of Criminal Procedure, Cr.PC, registering the sam..Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....25/-. It was further alleged that the said salishkarak Maksud Miah being biased by the accused petitioner, the salishkarak passed his decision to pay Taka 2,14,000/- to the complainant without giving any decision of Taka 3,77,625/- of 5 installments. The arbitrator and the accused petitioner tried t......ourt of Upazila Magistrate, Cox's Bazar on 20.11.2004. The Magistrate enlarged the petitioner on bail on bond of the learned advocate and fixed the date for framing charge on 23.3.2005. It is at this stage the accused petitioner approached this Court seeking the quashment under section 561A of the C......in J. - This Rule on an application under section 561A of the Code of Criminal Procedure was issued at the instance of accused petitioner calling upon the opposite parties to show cause as to why the proceedings of C.R. Case No.54 of 2004 under section 420/406 of the Penal Code, pending in the court..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....1976 S.C page 315; S.N. Goswami, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {1976} QB 752; ch 13 B; Commercial Cable Company V. Government of New-foundland, (1916) 2 AC 610, Reyder V. Foley (1906) 4 CLR 422, British Coal ......f power by the Chief Justice of Bangladesh to achieve the constitutional purpose. The consultation with the Chief Justice of Bangladesh is made imperative to eliminate political influence even at the stage of the initial appointment of a Judge. 77. The President is required to make appointment of......tionary, 13th Edition by K.J. Aiyar that “The doctrine of audi alteram partem” holds that natural justice has acquired legalistic and artistic connotation by the passage of time and is invoked in proceedings before judicial and quasi-judicial tribunals. As the principle of natural justice revolv..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....d against the said BDR personnel by issuing notification under section 5 of the Army Act, 1952? 6. The brief fact is that on 25.2.2009 about 97 officers of different ranks of Bangladesh Army and many other officers from outside BDR Headquarters and around 2,580 BDR personnel were present in the ......ers at Peelkhana to attend the Director General's address in the Darbar Hall and while the Director General was delivering his address some BDR personnel started firing outside Darbar Hall and at one stage some of them entered inside the Darbar Hall and opened fire and started killing unarmed helple......ficers (Assistant Director & Deputy Assistant Director) and 91 are civilian employees of BDR and 26 civil persons. 7. Ten eminent lawyers including the President of the Bar participated in the proceeding having been asked by this court to render their assistance to enable this court for neces..Category: Constitutional Law | Date: | Hits: 289
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t of the plots in their favour and also cancelled the approval of the Ministry as regard the Powers of Attorney in respect of the said lands; construction of 500 flats as proposed will not in any way fall within the site plan of aforesaid 12 plots and as such the order of cancellation of th...... evidence and adjudicate on such matter; further the submission made by the petitioners to the effect that supplementary affidavits having been filed by the respondents during the hearing stage should not be considered by the Court has no substance since the records show that no object......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....r Leave to Appeal is directed against an order dated 14.02.2006 passed by the High Court Division in Matter No. 14 of 2006 allowing an application dated 13.02.2006 filed by the respondent company for permission to pay day to day operation expenses through its bank account maintained with Du......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......respondents company notifying a meeting of the Board of Directors of the respondent company on 18.08.2005 at 3:00 P.M. On the agenda of the said notice item No.3 was with regard to a review of the proceedings of the Extraordinary General Meeting held on 16.08.2005. The said meeting of the Board ..Category: Business or Commercial Law | Date: | Hits: 199
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....sale. In view of the provision of law to the effect that once an auction sale is complete no relief is available against such auction sale but the mortgagee may proceed against the mortgagor bank for any compensation, if it is proved that there was illegality in the auction sale. In the instant ca......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......ution Case No. 8 of 1995 annexed to the lave petition the order relating to restoring of the Rule was not communicated to the Court below and that an application was filed in the execution court for proceeding with the execution case on 04.07.2006 pursuant to which the Executing Court proceeded wit..Category: Banking Law | Date: | Hits: 373
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