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Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....Rules, 2007, all subsequent steps taken in the proceedings including the conviction and sentence are vitiated, and thus, the writ petitioner having no other alternative remedy invoked his fundamental rights in writ jurisdiction, in which, the High Court Division on being satisfied, exercised its jur...... obligatory to submit to the due process of law who seeks the interference on revision of a judicial order. The rule of law depends upon definite principles and binding precedent, which together make for certainty, uniformity and predictability. These in turn provide the foundation of fairness in ju...... of a judicial order. The rule of law depends upon definite principles and binding precedent, which together make for certainty, uniformity and predictability. These in turn provide the foundation of fairness in justice delivery system. ………………………………….(9) The power of jud......oes not assume the function of an appellate authority, far less pass an interim order in a matter of criminal matter. 11. Therefore, the learned Judges should not have exercised the powers of the trial court and allowed the writ petitioner to surrender before them with a view to legalise the pro..Category: Anti-Corruption Laws | Date: | Hits: 211
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ufia Khantun, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-11. Civil Petition for leave to Appeal No.73 of 2007. Judgment ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......operty was acquired by purchase out of joint fund of the alleged joint income or Balaram deposited the joint income in the bank in his own name and as such, the finding of presumption drawn by the trial Court as well as the High Court Division that the suit property were the joint property is to..Category: Property Law | Date: | Hits: 99
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... any objection during lifetime of Badruzzaman and that land of 'Ga' schedule is not possessed by plaintiff No.4. These defendants paid rent along with defendant Nos.3 and 4. The plaintiffs have no right, title and interest in the suit land. As such, the suit is liable to be dismissed. 5. ...... A .J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record- For the Respondents Nos.1-3. None represented-For the Respondent Nos.4-9. Civil Petition for leave to Appeal No.1283 of 2006. Judgment &nb...... 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. ......s interference by this Court. 6. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the respondent Nos.1-3 submitted that on proper discussion of the evidence and materials on record the trial Court decreed the suit in favour of the plaintiffs finding that the deeds in question are fal..Category: Property Law | Date: | Hits: 92
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent No. 2. Not Represented-For the Respondent No.1. Criminal Petition for leave to Appeal No.400 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - Delay of ......oresaid. The High Court Division upon hearing discharged the Rule observing that:- "We do not find presence of any of such ground to eliminate a criminal proceeding without allowing holding a fair trail. Rather we find existence of a prima facie case of the opposite party No. 2 complainant t......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..Category: Criminal Law | Date: | Hits: 163
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ...... Lawyers Involved: S. N. Goswami Advocate instructed by Syed Mahbubur Rahman Advocate-on-Record-For the Petitioners. Not Represented-For the Respondent. Criminal Petition for leave to Appeal No. 245 of 2008. Judgment &n......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......as Hossain was totally unaware of existence of the case against him and at no stage of the proceeding a warrant of arrest order of attachment was served upon him. It is the principle of law that a trial in absentia can be held upon exhausting the provision regarding Gazette Notification and publ..Category: Criminal Law | Date: | Hits: 126
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
.... In due consideration of the above, trial Court rejected the Miscellaneous case but the appellate Court below on erroneous view set aside the order of the trial court allowing the appeal which has rightly reversed by the High Court Division on positive finding to the above effect on proper consi......Md. Omar Ali Khan, Advocate (Appeared with the leave of the Court), instructed by Nurul Islam, Advocate-on-Record- For the Petitioner. Not represented- The Respondents. Civil Petition for leave to Appeal No. 631 of 2008. Judgment &nb......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......an application for separate ‘Saham' and thereafter the defendant Nos. 30 and 55 (Ka)-55(Uma)-56 amicably settled the matter out of Court and filed a Solenama for ‘Saham' and the learned trial Court accordingly passed a preliminary decree and the said Solenama was treated as a part of..Category: Procedural Law | Date: | Hits: 143
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....rs in respect of purely commercial contracts in exercise of the trading function of Bangladesh Railway and not in exercise of sovereign power by the Government and the writ petitioner has no legal right and is not entitled to invoke the writ jurisdiction for enforcement of commercial contracts, ......thereof in respect of train being Nos. 461 and 462 and 455/456. 2. The respondent No.1 as the writ-petitioner filed the writ petition challenging the said impugned order dated 10.11.2002 and for direction upon the writ-respondents to give final approval of his work order as mentioned in th......etitioner within 2 weeks from the date of receipt of the order holding, inter-alia, that the action of the respondent No.4 was contrary to the principle of Administrative justice and was not at all fair and which could not be approved by any man of ordinary prudence. 5. The present appella......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
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......Corporation, Dacca Vs. Mahbub Hossain Chowdhury 29 DLR (S.C) 41; V.P. Ahuja vs. State of Punjub and others reported in AIR 2000 SC 1080; Dipti Prakash Banerjee Vs. Satvendra Nath Bose National Centre for Basic Sciences, Calcutta, (1999) 3SCC 60 AIR 1999 SC 983; Managing Director, ECIL Vs. B. Karunak......ached it is no longer permissible to terminate her service as if she was on a probationary service. When specific allegations are brought attaching stigma against the respondent, then there must be a fair and impartial hearing. The suspension was made malafide and arbitrarily would be attested by th......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...Category: Employment/Service Law | Date: | Hits: 118
Mozibur Rahman Vs. Al-haj Nazrul Karim and others, 2009, 38 CLC (AD)
....any eventuality. We do not find any cause to interfere with the impugned order. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 189. ...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioners. Not represented-For the Respondents. Civil Petition for leave to Appeal No. 2136 of 2008. Judgment &n......any eventuality. We do not find any cause to interfere with the impugned order. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 189. ......No. 2177 of 2006 discharging the Rule. 2. We have heard the learned Advocate for the petitioner and perused materials on record. It appears that since there was nothing in writing before the trial Court about the fact that learned engaged Advocate for defendant Nos.1 and 2 agreed to the pa..Category: Civil Law | Date: | Hits: 106
G M M Rahman Vs. State, 2009, 38 CLC (AD)
....tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......rected against the judgment and order dated 16.07.2003 passed by the High Court Division in Criminal Appeal No.59 of 2000 allowing the appeal by enhancing the sentence to suffer simple imprisonment for 6 (six) months while discharging the connected Rule being Criminal Revision No.381 of 2001 fil......tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......acs dated 07.04.1996. The cheque was duly presented to the AB Bank, Khulna Branch but it was returned unpaid and the respondent No. 2 thereafter filed the aforesaid C.R. Case. After concluding the trial the learned Metropolitan Magistrate convicted the appellant under Section 138 of the Negotiab..Category: Criminal Law | Date: | Hits: 106
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......y Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. AJ Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No.1199 of 2008. (From the judgment and order dated 5.6.2008 passed by ...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ...... plaint was amended to include a prayer for mandatory injunction directing the defendants to pay her emolument. 3. Pursuant to such amendment, the defendant No. 2 filed an application in the trial court for directing the plaintiff to revalue the suit on the basis of amended plaint. The lea..Category: Employment/Service Law | Date: | Hits: 104
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....leged Wasiatnama dated 01.11.1962 is fraudulent, void, illegal and not binding upon plaintiff, which was dismissed on technical ground with the finding that the said Wasiatnama has not affected the right, title and interest of plaintiff in the suit land. Defendant Nos.1-3 have also created......ructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Md. Sajadul Huq, Advocate-on-Record- For respondent No.1. Not represented- Respondent Nos.2-56 Civil Petition for Leave to Appeal No. 280 of 1995 (From the judgment and order dated 6TH December, 1994 pass......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......10. The Wasiatnama and settlementnama are all genuine documents and binding upon plaintiff and defendant Nos.1-10. The plaintiff has got no right, title and interest of the suit land. 4. The trial Court decreed the suit in preliminary form against the defendant No.1 and exparte against th..Category: Property Law | Date: | Hits: 97
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....by the learned Additional Attorney General appears to have no substance particularly in view of the aforementioned position in the same legislation. Citing examples to explicit expression Mr. Huq has rightly referred to two other similar legislations. One of which is available in Martial Law Order N...... State. Criminal Miscellaneous Case No. 3875 of 2007 Judgement Nozrul Islam Chowdhury, J.- On 29.3.2007 this application under Section 498 of the Code of Criminal Procedure with a prayer for anticipatory bail, was placed before this Court in connection with G.R. Case No. 8 of 2007 arisi......lication of the Rules.- (1) Whatever may be in other Acts or in this Rules , if the provisions of this Rules if to be applicable to the investigation, trial, appeal, bailment and such other related affairs, an approval is to be taken from the government or other authority. (2) The government or......f Rule 19Kha as contained in the said Rules and submits that the expression "Any Court or Tribunal" (translated from Bangla) as employed in the said Sub rule 1 of Rule 19Ka and Kha refers only to the trial Court or the tribunal as the case may be or in other words the offences contemplated under the..Category: Criminal Law | Date: | Hits: 101
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......olved: Mohammad Ali Akanda, Deputy Attorney General, instructed by Md. Habibur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 496 of 2006. (From the judgment and order dated 17-04-2006 passed b......sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ...... section 161 of the code of criminal procedure and finally submitted charge-sheet against them under Sections 302/34 of the penal Code. 5. The case record ultimately came to the file of the trial Court (Additional Sessions Judge), who on the basis of materials available on record framed c..Category: Criminal Law | Date: | Hits: 68
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ls on record arrived 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) 981.......tion is dismissed. Lawyers Involved: A.Q.M. Shafiullah, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 116 of 2008. (From the judgment and order dated 12.9.2007 passed by the ......ls on record arrived 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) 981.......arned District Judge, Patuakhali, which was heard on transfer by the Subordinate Judge, Patuakhali, who by the judgment and order dated 23.8.1989 dismissed the appeal and affirmed the judgment of the trial Court. 5. The pre-emptee being aggrieved and dissatisfied with the aforesaid judgment and o..Category: Property Law | Date: | Hits: 61
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......bsp; December 15, 2008. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the petitioners. Not represented-For Respondents. Civil Petition for Leave to Appeal No.1328 of 2007. (From the judgment and order dated 30th April, 2007 pa...... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......, that the transaction was not out and out sale but by heba made by the defendant Nos.5 and 6 in favour of the defendant Nos. 1-4 and that no monitory consideration passed. 4. The trial Court allowed the case. 5. On appeal being Miscellaneous Appeal No.57 of 2000, the app..Category: Property Law | Date: | Hits: 44
Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)
....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) 971. ......For the Petitioner. Seikh Atiar Rahman, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1615 of 2008. (From the judgment and order dated 23.4.2008 passed b......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) 971. ...... case decreed the suit by the judgment and decree dated 20.1.2005 in favour of the plaintiff. 5. Being aggrieved and dissatisfied with the aforesaid judgment and decree passed by the learned trial court the defendant petitioner preferred Title Appeal No. 65 of 2005 before the learned Dist..Category: Employment/Service Law | Date: | Hits: 106
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....ard the learned Advocates and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. It appears that the High Court Division has rightly found that the petitioner could not prove any encroachment on land and any decision on such...... by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent (In Civil Petition No. 354 of 2007). Not represented-The Respondent (In Civil Petition No. 514 of 2007). Civil Petition for Leave to Appeal Nos. 354 and 514 of 2007. (From the judgment and order dated 08.01.2002......and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......nd that the petitioner could not prove any encroachment on land and any decision on such a question needs evidence so far Annexure-J is concerned the High Court Division rightly found that the trial court ought not to have considered the report when it was not formally proved as evidence an..Category: Property Law | Date: | Hits: 87
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... that later on in 1965 Abdul Majid Dobhash executed a deed of gift in favour of the defendants predecessor that the P.S. record was prepared in the name of the defendants that plaintiff has no right, title and interest in the land in suit and as such the suit is liable to be dismissed. ......990 of the 1st Additional Court of Assistant Judge, Chittagong, Sadar in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The su...... 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. ......hat the P.S. record was prepared in the name of the defendants that plaintiff has no right, title and interest in the land in suit and as such the suit is liable to be dismissed. 4. The trial Court on consideration of the evidence on record dismissed the suit on the findings that the ..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....ere 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) 942. ......nbsp; November 9, 2008. Lawyers Involved: Md. Nawab Ali, advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1246 of 2007. (From the judgment and order dated 15.04.2007 passed ......ere 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) 942. ......al Code and also under section 82 of the Registration Act on the basis of which G.R. Case No.18 of 1982 was registered. The learned Additional District Magistrate Rajshahi, after conclusion of the trial, found the defendant Nos.1-4 guilty under sections 465/467 and 109 of the Penal Code and upon..Category: Property Law | Date: | Hits: 87
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