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.... was no justification for passing another order of detention on 1-12-93 on the selfsame grounds as have been taken by the Government for passing the previous order of detention on 6-11-93.
7. The facts alleged in the application by the Petitioner have not been challenged and denied by the opposi......Md. Nazimuddin, has been challenged by the petitioner Mrs. Nasima Akhter (Papi) who happens to be the wife of the detenu.
3. It is alleged in the application that the detenu is a small businessman and a law abiding citizen. He was falsely implicated in an entry in the general diary of the Kotwali......th which the detaining authority is vested by section 3 of the Special Powers Act,1974, and was, therefore, absolutely mala fide.
8. The mala fide nature of the impugned order of detention is also evidenced if we go through the grounds of detention served with the present impugned order of detent..
Category: Criminal Law | Date: | Hits: 69
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....eal and thereby reversing the judgment and decree dated 23.08.2006 passed by the learned Joint District Judge, 2nd Court, Madaripur in Title Suit No. 3 of 2005 thereby dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declarat......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Hazi Abdul Hakim Khan.................................. Petitioner Vs. Lal Miah Saiyal alias Lal Miah and others........ Respondents Judgments February 26, 2012 Result: The petition is dism......nd proved an unregistered sale deed dated 05.05.1967 which was marked as Exhibit-Ka. 5. The learned Joint District Judge, 2nd Court, Madaripur, upon hearing the parties and on consideration of the evidence and materials on record decreed the suit, on finding that the defendants had no documentary..Category: Property Law | Date: | Hits: 70
....he Rajshahi University. Learned Attorney-General submits that this is a liberal and reasonable order in view of the fact that the Chancellor could have dismissed him from service. But considering the facts and circumstances of the case the Chancellor took a liberal view relieving him from the post o......& others………………Respondents
Judgment
July 1, 1997.
Result:
The Rule is discharged.
Cases Referred to-
Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Technology, 45 DLR 333; Bangladesh Freedom-fighters Welfare Trust Vs. Md. Momtajul Hossain, 44 D......country and this President was the Chief Justice of the Supreme Court for several years and he was also Acting President for about one year. Unless and until the mala fide could be proved by material evidence on record, it is difficult to accept such a contention of mala fide. In view of the facts a..
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....tion No. 2331 of 2009 making the Rule absolute. Since in all the leave petitions raise similar points of law, they were heard together and are disposed of by this single order. 5. The relevant facts of the case are as follows: The writ petitioners (respondents herein) were all employees o......ction) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Bangladesh Agricultural Development Corporation, Dhaka and others................ Petitioners (In all the cases) Vs. Md. Abdur Rashid and others …â......gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 73
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
....cted against the judgment and order dated 05.12.2011 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.23523 of 2009 making the Rule absolute. 2. The relevant facts of the case are as follows: The Ministry of Finance allowed 8 Voluntary Social Welfare Age......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J The State, represented by the Deputy Commissioner, Dhaka................ Petitioner Vs. Dr. A.Z.M. Zahid Hossain and another.................... Respondents Judgment February 26, 2012 Result: Leave is ......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ...... Ed. This Case is also Reported in: VIII ADC (2011) 773. ......ound in favour of the defendant after considering the eviÂdence on record, both in examination-in-chief and in cross-examination, the learned Judge of the High Court Division without considering the evidence of the P.W.s particularly in cross-examination affirmed those of the appellate Court and th..Category: Property Law | Date: | Hits: 68
....Âsons and that the principles of law argued in Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md.) and others, 43 DLR (AD) 154 are applicable in this case.
7. On consideration of the facts and cirÂcumstances of the matter, we find merit in the contentions of the learned counsel for......his Case is also Reported in: VIII ADC (2011) 770.
......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
..
Category: Employment/Service Law | Date: | Hits: 97
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....ng leave to appeal in this Division from a judgment of the High Court Division in Civil Revision No.2740 of 2002 which has reversed the judgments of the Courts below and decreed the suit. 2. Short facts as disclosed in the plaint are that the suit schedule Nos.1-3, measuring an area of 2.72 acres......also Reported in: VIII ADC (2011) 764. ......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ..Category: Property Law | Date: | Hits: 74
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......e with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ..Category: Property Law | Date: | Hits: 66
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....t it necesÂsary to reassess the evidence on record on the point of date of knowledge claimed by the pre-emptors and after such assessment came to a definite finding that "considerÂing the aforesaid facts and circumstances I am of the view that the appellate Court below has committed an error of la...... is also Reported in: VIII ADC (2011) 755. ......tember, 1995 when the pre-emptee plucked coconut from the coconut tree standing on the case holding. Since there is judgment of reverÂsal, the High Court Division felt it necesÂsary to reassess the evidence on record on the point of date of knowledge claimed by the pre-emptors and after such asses..Category: Property Law | Date: | Hits: 72
A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....legally entitled to promotion. What is more, the petitioner had retired from the service long ago and therefore, he is not legally entitled to promotion at this belated stage. On consideration of the facts and circumstances of the matter, the Administrative Appellate Tribunal is perÂfectly justifie......ructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Attorney General-For the Respondent. Civil Petition for Leave to Appeal No. 1914 of 2009. (From the judgment and order dated 15.7.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.74 of ......in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ..Category: Administrative Law | Date: | Hits: 194
....ng leave to appeal by this Court.
7. Mr. Abdul Quayum, learned Counsel, entering caveat on behalf of respondent Nos.1-2, 3(a)-3(b) and 3(d)-3(e), 4-13, on the other hand, has contended that in the facts and circumstances of the case in order to secure the ends of justice the High Court Division r......
This Case is also Reported in: VIII ADC (2011) 744.
......ocate Commissioner"; hence this petition for leave to appeal.
6. Mr. Mahmudul Islam, learned Counsel, appearing for the petitioners has contended that both the Courts below on consideration of the evidence on record oral and documentary having concurrently found that the plaintiffs failed to esta..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
....e suit filed an application for amendment of the plaint by adding the prayer for declaÂration of title which was allowed while delivering the impugned judgment. The learned Judge found some admitted facts such as, the suit land belonged to Narayan Chandra Das and the deed of sale was exeÂcuted and......issed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......of title and such application having been allowed by the High Court Division the suit should have been sent back on remand to the trial Court for hearing afresh by giving the parties chance to adduce evidence, but instead of the High Court Division decreed the suit setting aside the judgment and dec..Category: Property Law | Date: | Hits: 62
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....sion in ratifying the order passed by the appellate Court on the subÂmission that under section 151 of the Code a Court has inherent power to pass any order to secure ends of justice. 7. From the facts stated hereinbefore, it is clear that the present-petitioner who was the original judgment-deb......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Hossain Ahmed.........................Petitioner Vs. Bangladesh House Building Finance Corporation and another……….........Respondents Judgment February 27, 2011. Result: The ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ....... This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......ain in cross examination stated that P.Ws. Haji Rajab Ali, Soleman Bhuiyan and Abdur Rahman are men of reputation of the village and they are also the Matbars. The trial Court on consideration of the evidence on record held that it is the petitioner to substantiate his case. It further held that wri..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....of the learned Subordinate Judge, Third Court Dhaka made in Title Suit No.321 of 1990 modifying the award of the sole Arbitrator dated September 20, 1990 in Arbitration Case No.115 of 1990. 2. The facts giving rise to the present appeal are as follows: The appellant M/s Kibria and Associates ......Case is also Reported in: 45 DLR (HCD) (1993) 712. ......ator takes a different view of the interpretation of a particular terms of contract and the decision of the Arbitrator cannot be set aside unless it could be shown that he has decided on inadmissible evidence or on the principle of construction which the law does not countenance and the award not be..Category: Alternative Dispute Resolution | Date: | Hits: 156
....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......Affairs.....................Respondent
Judgment
March 1, 2004.
Cases Referred to-
Md. Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock Labour Board and others Vs. Jaffar Imam, AIR 1966 (SC) 282; Habiba Mahmood Vs. Bangladesh, 45 DLR (AD) 89.
Law......icial or quasi-judicial decision. A detenue may be given a hearing; but such a hearing is often, if not always, likely to be ineffective, because he is deprived of an opportunity to cross-examine the evidence on which the detaining authorities rely. He may not be able to adduce evidence before the A..
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....1 and 2, in total received Taka 9,00,000 from the HBFC and completed construction of a 4‑storied building each floor having two flats. So, the suit is liable to be dismissed in consideration of the facts stated herein above. 5. On 12‑1‑1999 the defendant petitioners filed an application und......urt High Court Division (Civil Revisional Jurisdiction) Present: SM Hossain J AKM Haroon‑or‑Rashid & another..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is mad......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
....mended vide SRO No. 273 dated 2‑10‑2002 (Annexure-F) should not be declared to be unconstitutional. 2. As the vires of some provisions of law have been challenged in these two Rules and as the facts are also similar the Rules were heard together and this single judgment shall govern both the ......553 of 2003 with 7936 of 2002. Judgment Md. Hamidul Haque J.- These Rule were issued calling upon the respondents to show cause as to why the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No.LII of 1974) introduced by Ordinance No.XLIX of 1982 a...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..Category: Civil Law | Date: | Hits: 79
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....that she was caught red handed on the date and in order to avoid public criticism she committed suicide. 7. The learned trial Court thereafter in consideration of the evidence on record as well as facts and circumstances of the case, however, found the accused-appellant guilty for the offence cha......State. Criminal Appeal No. 1337 of 1998. Judgment Md. Hassan Ameen J.- This Criminal Appeal, at the instance of sole accused-appellant namely, Emdadul Hoque, is directed against the judgment and order, dated 4‑5‑1998, passed, by the learned Sessions Judge, Lalmonirhat, in Sessions Case ......tion. After close of the prosecution witnesses, the accused on dock was examined under section 342 of the Code of Criminal Procedure to which he repeated his innocence. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination is total d..Category: Criminal Law | Date: | Hits: 76
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