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Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....observed that the suit is not maintainable, that the plaintiff had already received the running bills for the works done and that the plaintiff would be entitled to the money for the works done after proper measurement in accordance with tender documents. On appeal from the said judgment the High Co......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Chairman, National Housing Authority ............................Appellant Vs. M/s. MR. Trading Co. and others ....................................Respondents Judgment June 2, 2011. Result: ......f A, B and C groups. The said works arc the extension of the works in respect of Groups K, E-1, E-2 and E-3 for a sum of Tk. 27,30,37,523/-. The Executive Engineer of the National Housing Authority illegally cancelled those work orders against which the plaintiff instituted Writ Petition No.3262 of ..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....f holding trial before the Drug Court trial was held before the Special Tribunal and as a wrong forum has been chosen for the prosecution of the appellants, I am inclined to send back the case to the proper Court for fresh trial and I hold that the cognizance taken by the Special Tribunal in this ca......€¦Respondent Judgment November 4, 1991. Result: The appeal is allowed. Cases Referred to- Md. Kalu Bhuiyan @ Kalu Mia Vs. Special Tribunal No.II Comilla, 30 DLR 124; Dost Mohammad and others Vs. State, 29 DLR 122. Lawyers Involved: Md. Azizul Haque, Advocate ‑ For Appella......earned Advocate appearing in on behalf of the State, submits that the evidence indicates that 100 vials of Phensidyl has been recovered from the possession of this appellant and as such there is no illegality in proceeding with the trial under the Special Powers Act. 5. It is the definite case of..Category: Criminal Law | Date: | Hits: 60
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......itiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......n statement where it is filed beyond the time allowed by the Court. In the instant case, the written statement filed by the defendant No.88 the petitioner long after the time granted by the Court was legally rejected. It also appears that against that order rejecting the written statement no revisio..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......e is also Reported in: 45 DLR (HCD) (1993) 634. ......nst the impugned order dated 31.3.1986 (Annexure G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law having been involved in these t..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
.... of gratification must be corroborated by other witnesses and on that principle of law the learned Advocate submits that when in the present case demand of gratification has not been substantiated by proper corroborative evidence the conviction cannot be sustained. But it has been held by a Division......StateMohammad Sarwar Vs. State, 21 DLR (SC) 182; Bangladesh Vs. Abdur Rahman, 1982 BCR 367; Abdul Jabbar Vs. The State, 37 DLR 278; Emperor Vs. Anwar Ali, 1948 AIR (Lahore) 27; Rao Shiv Bahadur Singh and another Vs. State of Vindh‑P, 1954 AIR (SC) 322. Lawyers Involved: Serajul Huq with Zulm......nt who was the Deputy Director of Faridpur Family Planning Office intended to transfer her from Krishnapur Union Family Planning Complex to some other place and he demanded Tk. 2,000.00 from her as illegal gratification and when she begged mercy from this appellant she was told that if she can pay T..Category: Criminal Law | Date: | Hits: 90
....d Inquiry Committee held enquiry, examined witnesses and also examined relevant papers and submitted a report after visiting the examination centre opining that the petitioner sat for the examination properly and nothing was found against the petitioner. The disciplinary committee of the said Board ......upreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Md. Badruzzaman J
Kazi Shafiul Nasher…………………Petitioner
Vs.
Secondary and Higher Secondary Education Board, Jessore and others………………Respondents
Judgment
......ed 13.5.90 filed by the petitioner as Annexure C to the petition cancelling the SSC Examination of the petitioner should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner, Kazi Shafiul Nasher, is that he appeared in the SSC ..
Category: Civil Law | Date: | Hits: 159
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535............Petitioner Vs. The State………………………………………........Respondent Judgment February 24, 2011. Result: The petition is dismissed. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record...... found guilty under section 304-Part II of the Penal Code and he may be sentenced to suffer minimum imprisonment as provided in the said secÂtion, but the High Court Division failed to consider this legal aspect of the case and thus erred in law in maintaining the order of conviction and sentence p..Category: Criminal Law | Date: | Hits: 52
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....panies. The defendant No.4 Company obtained loan from the defendant No.1 Bank and the defendant No.5 as the Managing Director of the defendant No.4 Company and guarantor of the loan had mortgaged his property with the defendant No.1 Bank as collateral security. The defendant No.4 failed to repay the......structed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the High Court Division in Firs! Appeal No.78 of 2007.) Judgme......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..Category: Civil Law | Date: | Hits: 93
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....ing the said confessions against the accused-respondents in finding them guilty of the charges. 5. We have perused the materials on record and heard me learned counsel, me High Court Division on a proper assessÂment of the evidence on record has arrived at a conclusion that "the trawler in quesÂ......nt: Surendra 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 Kazi Kamrul and others …………………….......Petitioners Vs. The State ……………………â€......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ..Category: Criminal Law | Date: | Hits: 64
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....s under: "1. Is the suit maintainable in its presÂent form? 2. Has the suit land, been acquired? 3. Is the resolution dated 09.11.1995 taken by the defendant Nos. 1 and 2 as to allotment of property mentioned in the 'Schedule-A' of the plaint illegal? 4. Are the plaintiffs entitled to g......Wahhab Miah J Bashaboo Girls High School, Madhay Bashaboo, Police Station- Sabujbagh, Dhaka represented by its Head Master-Cum-Secretary……………………..Petitioner Vs. Sharafunnessa and others …………....................................Respondents Order May 9, 2011. ......title in respect of the suit land and for the further declaration to the effect that the resolution taken by the defendant No.3 for allotment of land in favour of the defendant-petitioner hereof is illegal and of no legal effect. 3. The defendant-petitioner hereof contestÂed the suit by filing w..Category: Property Law | Date: | Hits: 70
....ragraph 3 that they took settlement of the suit land in the benami of Khairul Alam on the ground that if they had taken settlement in their names their co-sharers might have claimed right in the said property. Mr. Attorney General subÂmitted, this claim is apparently false, and none of the plaintif......s Republic of Bangladesh, repreÂsented by the Deputy Commissioner, Satkhira ...............................Petitioners
Vs.
Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and othÂers ....................................Respondents
Order
January 27, 2011.
Result......urendra Kumar Sinha J
The People's Republic of Bangladesh, repreÂsented by the Deputy Commissioner, Satkhira ...............................Petitioners
Vs.
Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and othÂers ....................................Respondents
..
Category: Property Law | Date: | Hits: 76
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....ision erred in law in interfering with the findings of fact arrived at by the Court of appeal below in exercise of its revisional jurisdiction in failing to consider that the Court of appeal below on proper assessment of the eviÂdence on record came to a definite finding that the plaintiff has titl...... Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ali Amzad Khan…………………………………………………Petitioner Vs. Md. Titam Khan and others ................................Respondents Order January 6, 2011. Result: Le......low on proper assessment of the eviÂdence on record came to a definite finding that the plaintiff has title and possession in respect of 06 decimals of land. It is further contended that there is no legal evidence that Alam Khan exclusively got the suit land, and the defendant is not in possession ..Category: Property Law | Date: | Hits: 87
....the High Court Division in failing to consider that the lower appellate Court on consideration of Section 107 of the Transfer of Property took a correct view, inasmuch as, where a lease of immoveable property is made by more instruments than one, each such instruments shall be executed by both the l......J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Subrata Dev Roy..................................Petitioner
Vs.
Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another........................................Respondents
Judgment
January 18, 2011.
R......
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Subrata Dev Roy..................................Petitioner
Vs.
Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another........................................Respondents
..
Category: Procedural Law | Date: | Hits: 76
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....rming the common judgment and decree passed in Title Appeal Nos.157 and 158 of 1994. 6. The High Court Division however observed that the contesting parties are co-sharers in the suit land but the property has not been divided by metes and bounds and thus remained in ejmali and since both the par......Ed. This Case is also Reported in: VIII ADC (2011) 492. ......out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ..Category: Property Law | Date: | Hits: 60
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......ra Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission repÂresented by it's Chairman, 1, Segunbagicha, Dhaka……………….Petitioner Vs. M.A.H. Salim and others …………………………….......Respondents Order February 24, 2011. Res......instance of the accused respondent declaring an order of the Chief Metropolitan Magistrate freezÂing the bank account of the writ petitioner to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the disposal of this petition are that the writ petitio..Category: Criminal Law | Date: | Hits: 136
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....eave is granted to considÂer the Ground Nos. I and II of the leave petition, quoted herein below:- "I. For that in the suit the Madrasha was not made party and thus the suit must fail for want of proper and necesÂsary parties the High Court Division overlooked this point and decreed the suit; ......srat Dhulia Dakhil Madrasha, Sayedpur Police Station Sayedpur, District- Nilphamari……………………………………………………………………Petitioner Vs. Md. Rafiqul Islam and another ................................Respondents Order April 28, 2011. Result: Le...... Nilphamari, decreeing the suit declaring that the plaintiffs dismissal order passed by the defendant No.2 communicated vide Memo No. 98/5/(7)/(1) dated 05.05.1998 was collusive, void, ineffective, illegal and violative of the Rules of Madrasha Shikkah Board Regulations and the same is not binding u..Category: Employment/Service Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....it petitions and they have been serving for the last 22/25 years and have been receiving MPO from the Government. The Government of Bangladesh by the impugned memo stopped their MPO without assigning proper reason, which was illegal, arbitrary and not binding upon them. 4. The petitioners contest......eported in: VIII ADC (2011) 471. ......been serving for the last 22/25 years and have been receiving MPO from the Government. The Government of Bangladesh by the impugned memo stopped their MPO without assigning proper reason, which was illegal, arbitrary and not binding upon them. 4. The petitioners contested the writ petiÂtions by ..Category: Employment/Service Law | Date: | Hits: 47
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....Âsignees on arrived at port of discharge in Bangladesh such containers do come withÂin the purview of section 3(2)(Ja) of the Admiralty Court Act, 2000, and accordingÂly the suit has been filed in proper forum. 6. The Admiralty Court on consideration of the material on record and the submissio...... Appellate Division (Civil) Present: Shah Abu Nayeem Mominur Rahman J Md. Abdul Wahhab Miah J Continental Traders (BD) Ltd..................................Petitioner Vs. Co. and GE Sea Services Ltd & others .....................Respondents Order May 8, 2011. Re......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....he respective parties the trial Court found the Issue Nos.2 and 3 in favour of the plaintiffs and the Issue No.4 against the plaintiffs and the Issue No.5 relating to exclusive possession in the suit property was found against the plaintiffs since found that the plaintiffs failed to prove their excl...... Ed. This Case is also Reported in: VIII ADC (2011) 468.......t the defendants are in possession in the Suit land. It further transpires to me that the findings arrived at by the Court of appeal below having been rested upon consideration and discussions of legal evidence and materials on record and also on a correct and proper analysis of the legal aspect..Category: Procedural Law | Date: | Hits: 57
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....ivision on the point of limitaÂtion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......pellate Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Ahu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Kabir Hossain and others………………………………Petitioners Vs. Abdur Razzak Mallik and othersâ€......respect of 1.38 acres out of 5.14 acres of land of S.A. Plot Nos.591 and 593 of S.A. Khatian No.311 and for further declaration that the judgÂment and decree passed in Title Suit No.138 of 1969 is illegal, collusive and void. Their case, in short, is that Afaz Uddin, owned 5.14 acres of land who di..Category: Property Law | Date: | Hits: 62
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