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Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....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. ......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. ...... Lawyers involved: Syed Haider Ali, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No.557 of 2010. (From the judgment and order dated 9.7.2009 passed by the High Court Di......ction and sentence of imprisonment. 4. Mr. Syed Haider Ali, learned counsel appearing for the petitioners has taken us to the evidence on record and submitted that the High Court Division erred in law in maintaining the conviction in failing to consider that the arms and ammunition in question we..Category: Criminal Law | Date: | Hits: 64
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......t allotment of land mentioned in 'Schedule-B' of the plaint? 5. Are the plaintiffs entitled to get the decree as prayed for? " 5. The plaintiffs admitted the acquisition of the suit land, which according to them belonged to their fore fathers and they claimed their possession since their fore ......ad Nawab Ali, Advocate-on-Record-For the Petitioner. Zainal Abedin, Advocate-on-Record-For the Respondent No.9. Not represented-For the Respondent Nos.1-8 and 10-13. Civil Petition for Leave to Appeal No. 638 of 2009. (From the judgment and order dated 18th January, 2009 passed by the H......n behalf of the respondent No.9 and perused the leave petition. 9. The learned Advocate appearing for the petitioner submits that the impugned order as passed by the High Court Division is against law inasmuch as Section 14A of the Emergency Requisition and Acquisition of Properties Act, 1948 has..Category: Property Law | Date: | Hits: 70
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....Judge of the High Court Division without considering this aspect of the case has set aside the judgment the lower appellate Court illegally resulting an error in the decision occasioning failure of justice. II. For that regard being had to the fact that the lower appellate Court on reassessing ......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......volved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Mrs. Nahid Sultana, Advocate-on-Record-For Respondent No.1 Not Represented-For Respondent Nos.2-15. Civil Petition for Leave to Appeal No.425 of 2009. (From the judgment and decree dated 4.11.2008 passed by the High Court ......rove his possession and that the Court of appeal below did not reverse all the findings of the trial Court. 5. It is contended on behalf of the petitioner that the High Court Division erred in law in interfering with the findings of fact arrived at by the Court of appeal below in exercise of ..Category: Property Law | Date: | Hits: 87
..... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
......d by the learned Counsel were already considered and answered in the impugned judgment. Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
......g dead her legal heirs: 1(ka) Netai Pada Paul and another........................................Respondents
Judgment
January 18, 2011.
Result:
The petition is dismissed.
Case Referred to-
43 DLR (AD) 12.
Lawyers Involved:
Abdul Wadud Bhuiyan, Senior Advocate, instructed by A......tition for Leave to Appeal No.2149 of 2008. This Division dismissed the same by impugned judgment and order dated 23rd August, 2009 on the reasoning that the High Court Division committed no error of law in interfering with the judgment of the lower appellate Court.
6. Mr. Abdul Wadud Blunyan, ..
Category: Procedural Law | Date: | Hits: 76
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ...... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......hirul Islam, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. None represented-For Respondent Nos.2-57. Civil Review Petition for Leave to Appeal No.140 of 2009. (From the judgment and order dated the 31st day of May, 2009 passed by ......rt of Appeal below nor the High Court Division passed the decree on consideration of the oral evidence on the points of possession of the plaintiff in the suit land. 5. In view of the provision of law that the review not being an appeal against the impugned judgment, or that no fresh or important..Category: Property Law | Date: | Hits: 50
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....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. ......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. ......, Senior Advocate, instructed by Syed Mahbubor Rahman, Advocate-on-Record- For the Petitioners (In both the cases). Not represented-For Respondents (In both the cases). Civil Petition for Leave to Appeal Nos.705 & 706 of 2009. (From the judgment and order dated 28th January, 2009 passed......Leave to Appeal Nos. 705 and 706 of 2009 to consider the common Ground Nos. II, III and VI set forth therein, which are as under: "I. For that the learned Judge of the High Court Division erred in law in failing to consider that the Appellate Court below committed error of law in passing the judg..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. ......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. ......oner. Rafique-ul-Haque, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent Nos. 2 & 6. Civil Petition for Leave to Appeal No. 1926 of 2010. (From the judgment and order dated 17.8.2010 passed by the High Court...... a writ petition filed at the instance of the accused respondent declaring an order of the Chief Metropolitan Magistrate freezing 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 peti..Category: Criminal Law | Date: | Hits: 136
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......K.M. Shahidul Huq, Advocate-on-Record- For the Petitioner. Fida M. Kamal, Senior Advocate, instructed by Syed Mahhubur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.201 of 2010. (From the judgment and order dated 31.05.2010 passed by the High Court ......forma respondents to show cause as to why the impugned decision passed by pro forma respondent No. 56, Ministry of Industry dated 19 October, 2004 should not be declared to have been issued without lawful authority. 5. The facts as stated by the respondents in the writ petition are as under: ..Category: Employment/Service Law | Date: | Hits: 85
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....and acknowledgement thereof by the plaintiff and hence wrongly observed that the plaintiff was not given any opportunity of being heard and arrived at an erroneous decision occasioning failure of justice, which need be interfered with. 10. Considering the facts and circumstances of the ca......der was sent to the Appeal and Arbitration Committee for approval and that the Appeal and Arbitration Committee of the Madrasha Board did not approve the dismissal orders of the Madrasha teachers and accordingly the Madrasha authority allowed the four teachers to join their respective duties but did...... Order April 28, 2011. Result: Leave is granted. Lawyers Involved: Zainul Abedin Advocate-on-Record-For the Petitioner Not represented-For Respondents. Civil Petition for Leave to Appeal No. 493 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court......ord. 8. We have heard the learned Advocate and perused the impugned judgment and order passed by the High Court Division. 9. The learned Advocate submitted that the High Court Division erred in law in not appreciating that the service of the plaintiff respondent No. 1 hereof has been terminat..Category: Employment/Service Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......thers……………………...........Respondents (In Civil Petition No. 1772 of 2010) Order January 17, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Mahmuda Regum, Advocate-on-Record-For the Petitioners (In all the...... within 1(one) month from the date of receipt of the judgment. The High Court Division observed that the petitioners have been working after being appointed by the governing body in accordance with law in their respective colleges and, therefore, they are legally entitled to their arrear salary an..Category: Employment/Service Law | Date: | Hits: 47
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....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. ......e suit containers were leased out by the plaintiff No.1 to their agent pro-forma defendant Nos.2 and 3 as per terms of lease agreement, which however has been terminated with effect from 5.1.2009 and accordingly the plaintiff No.1 demanded return of the containers lying with the defendant No.1 wit...... Ajmalul Hossain, QC, Senior Advocate instructed by Monlavi Md. Wahidullah, Advocate-on-Record-For the Respondent No.1. Not represented-For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.138 of 2010. (From the judgment and order dated 14.01.2010 passed by the High Court ......sions of section 3 of the Admiralty Court Act, 2000 and that there is no privity of contract between the plaintiffs and the defendant-petitioner hereof and that the defendant-petitioner hereof are in lawful possession of the containers and that the principle cogent of the plaintiffs, the defendant N..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....rsing the finding of the trial Court decreed the suit and the High Court Division relying on the discussions of the Appellate Court below arrived at an erroneous decision occasioning failure of justice and hence prays for an interference by this Court. 9. We have considered the submissions ......d 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 exclusive possession in the suit land and accordingly the Issue Nos. 1 and 6 were held against the plaintiffs. 6. Being aggrieved by the sa...... Lawyers Involved: Nikhil Kumar Saha, Senior Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-For Respondents. Civil Petition for Leave to Appeal No. 731of 2009. (From the judgment and order dated 22nd 1January, 2009 passed by the Hi......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...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 limitation. 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. ......l the findings and observations arrived at by the learned Single Judge of High Court Division on the point of limitation. 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. ...... Petitioners. M.M. Abdul Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos.2-9. Civil Petition for Leave to Appeal No.2469 of 2009. (From the judgment and order dated 7.5.2009 passed by the High Court D......ly came to the conclusion that since the respondents failed to prove their title in respect of 4/annas share in the suit lands, the decree passed in Title Suit No.138 of 1969 was not sustainable in law. This finding proved that the Court of appeal below maintained the decree on the weakness of the..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....n without considering the evidence of this particular witness the learned Subordinate Judge committed a serious error of law resulting in an error of decision which was in turn followed by failure of justice. 12. Dr. Rafiqur Rahman, the learned Advocate appearing for the opposite party, on the ot......two months with a profit of Tk. 2000.00 and also an expenditure of Tk. 3,000.00 and also on condition of executing a deed of mortgage in his favour as security for the money. The defendant agreed and accordingly on 9.11.83 the plaintiff received an amount of Tk. 25000.00 from the defendant. He then ......ed by the 1st Senior Assistant Judge, Dhaka on 5.11.89, in Title Suit No.98 of 1984. 2. The suit before the learned Assistant Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to have been executed by the plaintiff in favour of the defendant No.1 on 9.11.83 and registered on ......ed of Hiba‑Bil‑Ewaz executed by his father and while in such possession he felt the necessity of procuring an amount of Tk. 25000.00 in November, 1983, in order to pay the money to his son‑in‑law Golap Miah who had been recently married to his daughter and having no such source of procuring ..Category: Property Law | Date: | Hits: 87
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
.... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......oner Vs. Bangladesh Agricultural Development Corporation and others…………………Respondents Judgment December 18, 1991. Result: The Rule is made absolute. Case Referred to- Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co......e why the Memo No.PSB (Pra) 1st‑11/81‑82/3357 dated 18.5.86 (Annexure ‘F’) issued by the respondent No.2 and communicated by respondent No.3 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner's case is as follows: He was ..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......absconding and to be tried in absentia. After certain adjournments charges were eventually framed on 4.9.90. After framing the charge on 4.9.90 the Sessions Case was set down for trial on 7.10.90 and accordingly summonses were issued upon the prosecution witnesses. Upon a prayer from the State that ......Petitioners Vs. State……………………Opposite Party (Criminal Revision No.1702 of 1991). Judgment February 18, 1993. Result: The Rules are made absolute. Cases Referred to- Mohammad Alam and 3 others Vs. State, 19 DLR (SC) 242; State Vs. Maulvi Muhammad Jamil and ot......ds in the Sessions Case No.12 of 1990 under sections 147/302/109 of the Penal Code pending in the Court of Sessions Judge, Feni and they are being disposed of by this order as the self same facts and law are involved in them. 2. The main question involved in these Rules is whether the trial of th..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....w that the case being started on the basis of a judicial inquiry, this section has no manner of application to this case. The impugned order is palpably illegal and it has caused gross miscarriage of justice. It should therefore be set aside in the interest of justice. In the result, the Rule is ...... accounts of the said company for the years 1981‑82, 1982‑83 and 1983‑84 and gave the audit report which was approved in the Annual General Meeting of the said company without any objection and accordingly the same was filed with the Registrar of Joint Stock Companies and was further circulate......dar……………………Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Ham......te misconceived the provision of section 241A of the Cr.P.C. and most illegally and arbitrarily passed the impugned order which is in fact not a speaking order and, as such, it cannot be sustained in law. In this connection he has drawn our attention to section 241A Cr.P.C. which runs as follows: ..Category: Criminal Law | Date: | Hits: 98
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......ficial Gazette. According to the contesting respondent, the decision of the Court of Settlement refusing to exclude the disputed house from the 'Ka' list of abandoned property was fully justified and according to law. The contesting respondent also contends that the petitioners are not entitled to g......se is also Reported in: 45 DLR (HCD) (1993) 601.
......titioners prayed for a declaration that the inclusion of the property in the Bangladesh Gazette Extraordinary dated September, 23, 1986 at page 9762(61) serial No.2 as abandonment property is without lawful authority with a further prayer for declaring the judgment and order passed by the Court of S..
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....d and the Chairman's order was upheld. Sd/Deputy Secretary (P)”. This is the impugned order which is annexed to the petition and marked as Annexure 'H'. The petitioner sent a notice demanding justice through his lawyer, and the respondent having not complied with the demand he was constraine......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......he Constitution was issued at the instance of the petitioner Md. Mahfuzur Rahman calling upon the respondent, Bangladesh Forest Industries Development Corporation 73, Motijheel Commercial Area, Dhaka to show cause why the order under Memo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding th......the order under Memo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as f..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....a time when he was already in jail custody, is sufficient compliance of section 167 Cr.P.C. and the Magistrate lawfully allowed remand of the accused for the sake of investigation in the interest of justice. Section 167(1) and (2) Cr.P.C. provides as under: “167. (1) Whenever any person is ......case the accused was already in judicial custody on 22.6.93 when the police prayed for showing him arrested in the instant case and allowing remand for the purpose of investigation and the Magistrate accordingly did the same. 21. Now the question in the aforesaid circumstances of the present case......m J Aftabur Rahman……………………Petitioner Vs. State……………………Opposite Party Judgment July 26, 1993. Result: The Rule is made absolute. Cases Referred to- Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Raft Vs. State, (1969) Pakis......oner in jail custody, which order, as it appears from the certified copy of the order dated 15.7.93 of this Court was declared to be illegal and the detention of the accused petitioner was declared unlawful in Writ Petition No.1043 of 1993 and the accused petitioner was ordered to be set at liberty ..Category: Criminal Law | Date: | Hits: 87
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