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Shameem Ara and others Vs. Government of Bangladesh and othÂers, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are disÂmissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are disÂmissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......of 2010) Vs. The Government of Bangladesh and othÂers...................Respondents (In all the cases) Judgment July 24, 2011. Result: The petitions are dismissed. Case Referred to- Council of Civil Service Union and othÂers Vs. Minister for the Civil Service, 1985 (AC) 374......teachers and officers etc. is a choice for them to continue on deputation for upto 5 (five) years on conÂdition that during their academic career they did not have any 3rd class qualificaÂtion. The law also gives them the benefit of relaxing the age qualification and retaining their salary scale i..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......im Anser Mallik, who died of above injury within 22 hours of the occurrence. As such, we find accused Jahangir Mallik guilty of murder of victim Ansar Mallik by striking a ramdao blow on his head and accordingly accused Jahangir Mallik is convicted under section 302 of the Penal Code. 24. Now as ......ppellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 95; Abdul Quddas Vs. State, 43 DLR (AD) 234; Abdus Su...... by and dissatisfied with the judgment and order dated 27-4-2005, condemned prisoner preferred jail Appeal No. 421 of 2005 before this Court. 10. Mr. Hafizur Rahman Khan, the learned State defence lawyer appearing on behalf of the condemned prisoner Jahangir Mallik, took us through the FIR, charg..Category: Criminal Law | Date: | Hits: 87
....edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60......., Kishoregonj, rejecting an application for temporary injunction in Other Class Suit No. 9 of 2009.
2. Material facts are that the plaintiff instituted the suit for declaration that he is entitled to get an order of extension of lease and retain possession of Daingaon Closed Fishery within Police......ing for any act of defendants during subsistence of his period of lease the only remedy for him was to ask for compensation. He cannot prevent a public authority from carrying out its functions under law by taking out an injunction from the Court. Therefore, I failed to discover any merit in the sub..
Category: Property Law | Date: | Hits: 73
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
....ed their case by cogent and reliable evidence and, as such, they are entitled to the reliefs prayed for in the suit and consequently the impugned judgment is liable to be set aside in the interest of justice. 25. Accordingly the appeal is allowed. The impugned Judgment and decree dated 24-7-1997 ......cate further submits that defendant Nos. 42, 39, 15 and 24, 40 and 41 admitted in their cross-examination that the suit land originally belonged to Ayeb Ali, Amsory Bibi, Jobirannessa and Sofurunessa according to CS Khatian, PW 1 stated in his cross-examination that Mohor Ali was not the owner of an...... Supreme Court High Court Division (Civil Appellate jurisdiction) Present: Mashuque Hosain Ahmed J Md Abu Tariq J Hasen Ali and others......................Appellants Vs. Rustom Ali and others..................Respondents Judgment August 11, 2009. Result: The ap....... In case the parties fail to get such land partitioned by metes and bounds within 60 days from date the plaintiffs shall be entitled to pray for making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case ..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49....... Ain, 2003. We also find that the claim of Taka 5,09,340.50 becomes very high against the small loan amount of Taka 40,000 and it will create hardship to refund. So the amount of claim may be reduced according to section 47 of the Artha Rin Adalat Ain, 2003, which allows the Bank to set up claim of ......der a usufructury mortgage against the defendants contending that the defendant No. 1 Mrs. Farzana Begum opened an account being CC No. 69 in the Pubali Bank, Bashabo Branch, Dhaka for extending loan to get support in the business. On her prayer, the plaintiff had sanctioned loan limit of Taka 40,00...... to file the present suit on 21-8-1990 claiming the said amount together with the interest at the rate of 20% to be calculated till realization by selling out the mortgage property in accordance with law. 3. The defendant No. 1 contested the suit by filing a written statement and she was also exa..Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....cause not to appear in Miscellaneous Case when the same was called on for hearing but the Court of appeal below without considering such cause dismissed the appeal which caused serious miscarriage of justice. The Rule is not opposed. In order to appreciate her submissions I have gone through t......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48....... Dhaka dismissing Miscellaneous Case No. 14 of 2003 for default. 2. Material facts are that plaintiff instituted Family Suit No. 333 of 2002 in the Family Court, Dhaka against the defendant for custody of his male child Shajib aged about 21/2 years. The trial Court by the judgment and decree date......s exercise and it will be increase the litigations between the parties. Therefore, the Court of appeal below after appreciating the materials on record, by dismissing the appeal committed no error of law. 5. Moreover, the impugned judgment and order in its entirety are well founded in the facts a..Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ...... Result: The Rule is discharged. Lawyers Involved: Md. Nurul Amin, Advocate - For the Petitioner. Md. Jamil Akhter Elahi, Advocate - For Opposite Party No. 1. Md. Jabber, Assistant Attorney General - For Opposite Party Nos. 2-3. Civil Revision No. 1029 of 2006 with Civil Rule No....... as a Nikah Registrar at Ward No. 17 but he has been acting as imam in a mosque situated at Ward No. 4. So, in my view, plaintiff was not acting as a Nikah Registrar at Ward No. 17 in accordance with law till his resignation dated 12-11-2003. 7. On appraisal of materials on record it clearly indi..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......-1995 informed the petitioners that its Board of Directors did not accept the modifications suggested by the petitioner and the Board kept its earlier decision and asked the petitioners to take steps according to its letter dated 25-2-1995. The petitioners by their letter dated 25-6-1995 immediately......ndent No. 1. Zafarullah Chowdhury, Advocate - For Respondent No.3. Writ Petition No. 1763 of 1999. Judgment Farid Ahmed J. - This Rule Nisi was issued calling upon the respondent Nos. 1-3 to show cause as to why inclusion of the names of the petitioners in the CIB Report of Bangladesh Ba......ent of the petitioners and their business. Such CIB Report arbitrarily prepared at the back of the petitioner's and also distributed without their knowledge, does not have sanction and support of any law as it has the effect of interfering with, jeopardising, stifling, causing detriment and adversel..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......d conditions clearly show that a criminal action was not contemplated by the parties, rather the dues were contemplated as being recoverable under the Public Demands Recovery Act. FDC initially acted accordingly by issuing a notice under section 32 of the FDC Act, 1957. But later on it filed the ins......mp; another……....Petitioners Vs. Bangladesh Film Development Corporation...........Opposite Parties Judgment April 23, 2009. Result: The Rule is made absolute. Cases Referred to- Sultan Ara Begum Vs. Secretary, 38 DLR 105, Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128......ce taken by the learned Magistrate under those penal provisions was illegal and if the proceedings of the CR Case No. 2355 of 2001 is allowed to proceed, it would amount to an abuse of the process of law and therefore, it is liable to be quashed. In the result, the Rule is made absolute. The proc..Category: Criminal Law | Date: | Hits: 95
....e Tribunal is not only expected to act fairly, but it must also act judicially in the discharge of its duty. If it does otherwise, that would be contrary to and violative of the principles of natural justice since judicial acts, by their very nature, are deemed to be amenable to the rules of natural......f the parties, there was a clear deviation from the agreement, inasmuch as, the 3rd Arbitrator as totally excluded from the deliberation process before making and signing the Award. In doing so, according to Mr. Hossain, the Tribunal had not only acted in utter disregard to the requirement of s.......
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......ven any opportunity, as was requested by him on the previous day, to discuss the issues before the Award was made.
13. Referring to section 43(v) of the Act, Mr. Hossain contends that although the law requires the arbitration proceeding to be conducted in accordance with the agreement of the part..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....d amongst the convicts actually who shot the deceased and what was the act of whom or who did what in causing his death. So sentence of death of seven accused persons does not justify. The ends of justice will be met if their sentence of death is commuted to imprisonment for life. In the res......d cartridges as alamats under a seizure list. At 10.30 PM informant Abdur Rahim lodged a written ejahar with Shyampur Police Station naming sixteen accused persons including the convicts. 5. That accordingly, Shyampur Police Station Case No. 22 dated 9-11-1999 under sections 302/34 of the Penal......ir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dismissed. Cases Referred to- Anisur Rahman Vs. State, 1986 BLD (AD) 79 = 1986 BCR (AD) 157; Billat Vs. State, 52 DLR (AD......e, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took away deceased Zakir, the son of informant Abdur Rahim from their house for attending a meeting over law and order situation scheduled to be held in the BRAC School Club at Balur Math. The deceased at..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be reÂfunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......cording to him, acÂcused Aroj Ali Sarder is a vendor and against him there is also no case in the police station and no record as to his bad character, and accused Aroj Ali is 60 years of age. Thus, according to the police officer the initial allegation was that they were found embracing each other......resent: Anwarul Hoque Chowdhury J Aroj Ali Sarder.........................Petitioner Vs. The State........................Opposite Party Judgment February 5, 1989. Cases Referred to- Jatindra Nath Vs. Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moul......tes appearing on behalf of the petitioners in support of the Rule, having taken me through the impugned judgment and the papers on record submitted that the learned Court of SesÂsions below erred in law in dismissing the appeal summarily in view of the fact that the learned Sessions Judge failed to..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....for the petitioner submits that the High Court even in its revisional jurisdiction has very wide power and is not prevented from examining the evidence to arrive at its own conclusion for the ends of justice. In support of his submission, the learned Advocate for the petitioner has referred to the c.......545/82 under section 377, Penal Code and affirmed by the appellate Court in criminal Appeal No.149/83 is liable to be set aside and the accused petitioner is entitled to acÂquittal. The Rule is, accordingly, made absolute and the conviction and sentence passed against the accused-petitioner is ......¦â€¦â€¦â€¦â€¦â€¦â€¦Accused Petitioner Vs. The State……………………………Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State......arrived at any independent finding of its own after due consideration of the evidence, rather fully dependÂed on the finding of the trial Court and thus the apÂpellate Court also committed error of law in affirmÂing the judgment of the trial Court. Though ordinarily the High Court does not interf..Category: Criminal Law | Date: | Hits: 92
....y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......s 31.10.1949 and not 31.10.1947.
3. Such being the state of affairs, the petitioner submitted an application on 7.8.2003 to respondent No. 3 for correction of his date of birth in his service book according to the date available in duplicate Secondary School Certificate. But the application was r........Appellants
Vs.
Md. Hatem Ali and others………………………………………………..Respondents
Judgment
June 7, 2011.
Result:
The appeal is dismissed.
Case Referred to-
Aluminium Corporation of India Ltd. Vs. Union of India and others, AIR 1975 (SC) 2279.
Law......cision of the authority, the petitioner obtained the Rule Nisi from the High Court Division which made the Rule absolute and declared Annexure-‘H’ to the Writ Petition to have been issued without lawful authority. The salient findings of the High Court Division are as follows:
The prayer of t..
Category: Employment/Service Law | Date: | Hits: 739
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
.... cause was served upon him regarding cancellation of his allotment. In the circumstances, the writ-petitioner through his learned Advocate sent a telegraphic notice to writ-respondent No. 4 demanding justice but to no avail. After that, the writ-petitioner filed the writ-petition. 3. After issua......order of dismissal dated 24.7.2004 which was sent to the Ministry on 31.07.2004 for necessary action. The Government had adopted policy from time to time for allotment of plots and strips of land and according to that policy writ-respondent No.4 issued Memo No.shakha-9/1, L-22/2000/692 dated 4.12.20......iddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, 2011. Result: Leave is granted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civil Aviation Au......under Memo No. n¡M¡-9/1 Hm-22/2000/743/17(5) dated 23.12.2004 (annexures K and L) issued by writ-respondent No. 4 in favour of writ-respondent No. 7 should not be declared to have been made without lawful authority and to be of no legal effect. At the time of issuance of the second Rule, writ-res..Category: Property Law | Date: | Hits: 79
....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: Â 18 MLR (AD) (2013) 1.
......der any obligation to absorb the writ petitioners in the service of Republic as Sub-Registrars in the light of the observations, but his main concern is relating to the alleged recommendation, which, according to him, is a fake document created by the writ-petitioners collusively, and the High Court......
Md. Shahjahan and others………………………………………….Respondents
Judgment
March 2, 2012.
Result:
The appeal is disposed of.
Lawyers Involved:
Mahbubey Alam, Attorney General (with Murad Reza, Additional Attorney General), instructed by Md. Mushfiqur Rahman Kh......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: Â 18 MLR (AD) (2013) 1.
..
Category: Others | Date: | Hits: 138
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......d if it choses to continue with the suit as framed, it will face the consequence at the hearing of the suit. The observations and directions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. ......d. Wahidullah, Advocate-on-Record- For the Petitioner. Yusuf Hossain Humayun, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.682 of 2011. (From the judgment and order dated 17.1.2011 passed by the High Court ......int are not identical terms. A plaint can be rejected on any of the grounds mentioned in Order 7 Rule 11 of the Code and not otherwise. The High Court Division, in the premises, committed no error of law in not rejecting the plaint. 7. The High Court Division directed the plaintiff to amend the ..Category: Procedural Law | Date: | Hits: 112
....g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
......ondent Nos.4, 5,9,17, 33-34, 47, 93-94, 98-100, 111,117-120 (In Civil Petition No.1084 of 2011)
Not represented-Respondent Nos.13-18 (In Civil Petition No.1085 of 2011)
Civil Petition for Leave to Appeal No.767 of 2011.
(From the judgment and order dated 18.08.2010 passed by the High Court ......These Civil Petitions for Leave to Appeal Nos. 767, 796, 1084-85 and 1091 of 2011 have been heard together and are being disposed of by the this common judgment as they do involve common questions of laws and facts.
2. The above mentioned civil petitions for leave to appeal are directed against ..
Category: Others | Date: | Hits: 172
....s not come with clean hands. So far as the submission that they have been removed with stigma on their back without being given an opportunity of being heard as violative of the principles of natural justice is concerned, the Appellate Division in the case of Mujibur Rahman Vs. Bangladesh, reported ......olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......ndaker Mahbubuddin Ahmed with Ruhul Quddus, Mahbubey Alan, Md. Abdus Sobhan, MA Wahab Mia, Md. Aminul Huq, Dr. M Zaire with SM Emanuel Huq, Advocates - For the Petitioners (In Writ Petition Nos. 4129 to 4134 of 1997).
KS Nabi, Attorney-General, KM Saifuddin Ahmed, Deputy Attorney-General and Md. ...... the Administrative Tribunal case strikes down an order for violation of principle of natural justice as well as for infringement of Fundamental Rights, guaranteed by the Constitution or by any other law in respect of the matters relating to the order arising of sub-clause (a), but such tribunal can..
Category: Employment/Service Law | Date: | Hits: 91
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......s of tariff value which was in force on the date when the Bill of Entry was presented for assessment of customs duty. In that decision it has been noticed that tariff value is fixed by the Government according to the suggestions of the high powered committee. In that case it has been held as follows......h Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Khairul Bashar (Md.) and 8 others…………………………Petitioners Vs. Collector of Customs and others………………………Respondents Judgment July 13, 1997. Res......l Hoque J.- In all these Rules assessments of customs duty by the customs authority on the basis of SROs subsequent to the date of opening of Letters of Credit are under challenge. Common question of law having been involved in all these Rules these are being disposed of by this judgment. 2. Lear..Category: Fiscal/Taxation Law | Date: | Hits: 134
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