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A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

....ion constituting the Executive Committee of the Federation having been made by Bangladesh National Sports Council which is a statutory body, writ petition was very much maintainable in law and in the facts and circumstances of the case, the High Court Division rightly made the Rule absolute and as s......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....ld exercise it’s discretion white accepting the police report, if it is not filed within a reasonable period. However, while considering reasonable period the Court should also keep in view the facts and circumstances of each case. 3. Mr. Ahmed Sohel, the learned Advocate appearing on beh...... This Case is also Reported in: ......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....th the sides and gone through the impugned judgment of the High Court Division as well as those of the courts below. 9.  It appears that all the three courts, on proper consideration of the facts, circumstances and evidence on record and also examining the relevant law held the concurrent ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J  Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment  July 15, 2012.  Result: ......t the High Court Division as well as the courts below have committed serious error of law and also injustice in decreeing the suit without considering the legal aspects and with­out assessing the evidence on record properly; the learned advocate has argued to the effect also that if the impugned..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....ments including the impugned judgment and submits that the High Court Division erred in law in failing to consider that the mortgaged property was collusively transferred by suppression of material facts by evicting the petition­ers from their dwelling houses which property is quite distinct fro......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and other......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

....iff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decision...... 21 BLT (HCD) (2013) 1 ...... 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer ..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

.... Fazle Akbar; Mr. Justice BZ Kaikaus and Mr. Justice Hamoodur Rahman (as their Lordships then were) wrote sep­arate judgments, dismissing the appeal and upholding the conviction and sentence. The facts that had led to the issuance of a suo motu rule by the Lahore High Court were that, Mr. Snilso......d in: 65 DLR (HCD) (2013) 237       ......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....n) filed an application under section 32 of the Ain, 2003, by depositing 25% of the decreetal amount as mandated in sub-section (2) of section 32 thereof (we do not consider it necessary to state the facts relating to the claim of the petitioner to the property in question in disposing of the leave ...............Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Seni......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

.... World Financial Centre, American Express Tower, New York, USA represented by the Attorney Mr. Rezwanul Haque, Advocate got itself added as respondent No.3. 6. In the body of the writ petition, facts were stated in a more cumbersome manner which are as follows: The cause of action of the......ioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed by the High Court Division in Writ Petition No.8824...... Court, Dhaka who by his judgment and decree dated 24.05.2003 allowed the appeal and set aside the judgment and decree passed by the trial Court and remanded the suit for re-hearing on taking further evidence on the said travelers cheques. The trial Court accordingly, proceeded with the suit as per ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....ent No. 3 rejected the appeal of the respondent No.4, to be registered as trade union, therefore, the learned Advocate submits further that the case reported in 57 DLR (AD) is discernible one and the facts involved in this particular case particu­larly in view of the existence of the act of forg......slam Chowdhury J Mohammad Ullah J City Bank Ltd……………………......................Petitioner Vs. Labour Appellate Tri­bunal and others ..........Respondents Judgment July 7, 2012. Result: The rule is made......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....ior to that at the time of filing the instant writ petition on 25.05.2010 they had no knowledge of the contents of the said tender schedule. As such, there has not been any suppression of material facts. 36. Further, it has been asserted that under Article 58D(1) of the Constitution of the......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......ditions and regulations as the Authority may from time to time decide. (1) Application for Stevedoring Licence shall be submitted to the Licencing Authority along with:- (i)   evidence that the staff proposed to be employed by the applicants is sufficient in number and is fu..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

.... that case, and, as such, held that it cannot be used against the accused-appellant or against the co-accused. This decision cited by the learned Advocate: for the petitioner is not applicable to the facts and circumstances of this case as because in this case investigation going on and this court i...... can not be based solely on co-accused’s confession It is settled law that conviction can not be based solely upon the confession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, n......ntive Evidence) ইহা প্রতিষ্ঠিত যে, সহযোগী আসামীর স্বীকারোক্তি সারবান সাক্ষ্য (substantive evidence) নয়। সারবান সাক্ষ্য ব্যতিত শুধুমা..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....ity of listing House No.240 at Road No. (21 (old)/ 11/A (new)) in Dhanmondi Residential Area in the ‘Kha’ list of the abandoned buildings published in the Bangladesh Gazette. 3. The facts figured in this appeal are summarized below: The writ petition was filed stating, inter ......a J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Shamsul Huda J The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant Vs. Orex Networ......erefore the legality of the enlistment of the case property in the ‘kha’ list as abandoned property has been proved and as such cannot be challenged. IV. The successive transfers as evidenced by Annexure D, E (1) and G (to the writ petition) were the acts of collusion and fraud on ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....ce with the aforesaid Memos dated 17-3-1997 and 5-5-02010 (Annexure-A and A-1) and/or why such other or further order or orders as this Court may seem fit and proper should not be passed. 2. The facts leading to the issuance of the Rule, in brief, is that the petitioner is a well-educated and q......has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commo......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....ppeal No.1434 of 2012 is directed against the judgment and order dated 20-5-2012 passed by a Division Bench of the High Court Division disposing of Writ Petition No.4546 of 2012. 3. The relevant facts for the purpose of dis­posal of this Civil Petition for Leave to Appeal are as follows:- ......b Mian J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J  Secretary, Bangladesh Bar Council............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Result: All the c......ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....y served with notice in time to respond or whether he was prevented by sufficient reasons from submitting wealth statement within the specified time, we essentially defence pleas and controversial facts which are to be decided by the trial Court on the basis of evidence to be adduced by the part......instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, 2009 passed by the High Court Division in Criminal Miscellan......ed by sufficient reasons from submitting wealth statement within the specified time, we essentially defence pleas and controversial facts which are to be decided by the trial Court on the basis of evidence to be adduced by the parties and there is no scope in the present forum to decide those co..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

....tle Appeal No.370 of 2003 allowing the appeal and reversing those dated 9-8-2003 passed by the Senior Assistant Judge, Sixth Court, Dhaka in Title Suit No.195 of 12002 decreeing the suit. 2. The facts leading to the filing of this appeal, in short, are as follows: - The petitioners as the ......l) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J   Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. Shamsul Huda J   AK Azad and another..........................Appellants Vs. Mostafizur Rahman and others................is discharged. An appeal is the continuation of the suit and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such init..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)

....o grounds, firstly; the High Court Division erred in law in making the impugned order without affording the defendant any opportunity of being heard and secondly; the plaintiff suppressed material facts in obtaining the impugned order, inasmuch as, he made similar prayer which prayer was rejecte......Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Sayed Mahmud Hossain J Md. Shamsul Huda J Kabir Ahmed……………………….......Appellant Vs. Korban Ali and others……….........Respondents Judgment June 12, 2012. Result: The appe......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..

Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8

Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)

....04 allowing the appeal and reversing the decision dated 18-1-2004 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal (AT) Case No.199 of 2003 (new)/191 of 2001 (old). 2. The facts, leading to the filing of this peti­tion, in a nutshell, are that on 23-6-1981, the peti&s......ad Imman Ali J Md. Shamsul Huda J Kazim Uddin (Md.).......................Petitioner Vs. Government of Bangladesh, repre­sented by the Secre­tary, Ministry of Home Affairs and others.....................Respondents Judgment June 11, 2012. Result: The......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..

Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390

Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)

....2653/98 dated 19.07.1998 (annexure-D) was issued against the petitioner containing the charges. The petitioner by his reply dated 04.08.1998 (annexures-E and E-1) denied the charges and explained the facts in respect of the said charges. But after an enquiry into the allegations against the petition......l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Bangladesh Biman Corporation and others..............Appellants Vs. Riaz Uddin Ahmed and others..................................ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..

Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388

Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

.... of 2011 dismissing the same and partly affirming the judgment and order dated 15-12-2009 passed by the High Court Division in Election Petition No.8 of 2009 allowing the same on contest. 2. The facts, leading to the filing of this petition for review, in a nutshell, are:— In the ele......Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Shamsul Huda J Abul Kashem.... .........................Petitioner Vs. Major General Mahmudul Hasan (Rtd.) and others……......Respondents Judgment June 5, 2012. Result: The......ged main bill and specify the month for which the bill was outstanding. No dues were outstanding against main bills of telephone and the claim regarding main bill had not been supported and proved by evidence. The Appellate Division has failed to consider the error of law committed by the High Court..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217