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Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....f fundamental rights conferred by Part III of the Constitution. It is only in the exceptional cases that compensation or compensatory cost may be awarded to a victim in a petition properly drawn under Article 102 of the Constitution. The violation must be gross and its magni......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers..................Respondent......al right already committed which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division po..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....scellaneous Case No.355 of 1968 filed by him and that position was ultimately upheld by the Full Board in the review case. Unless and until the decree of Title Suit No.280 of 1970 is amended by the proper Court in proper forum, no other Court or authority would be able to change it or give contra...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mintu Chowdhury...............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: ......aka and the order dated 08.10.1989 passed by the Assistant Commissioner (Land), Tejgaon Circle, Dhaka in Miscellaneous Case No.19 of 1987 to have been passed without lawful authority and are of no legal effect and also for a direction upon writ respondent Nos.3-5 to mutate their names in Case No..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....দà§à¦§à§‡ চিরসà§à¦¥à¦¾à§Ÿà§€ নিষেধাজà§à¦žà¦¾à¦° ডিকà§à¦°à§€ দিতে।“ 3. It is the plaint case that Nawab Sir Salimullah was the owner of the suit property along with other property, died, leaving eldest son, Nawab Habibullah Bahadur, who became o......Reported in: 18 BLC (HCD) (2013) 182. ......h map showing position of the suit land. 4. Defendant No.1 appeared and filed written statement denying para wise statement of the plaintiff and it is their specific case that suit land has been legally acquired for institution as such there is no malafide in the proceeding. It is further state..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... 2012 Result: The Rule is made absolute. Constitution of Bangladesh, 1972; Article 102 (2) (a) (ii) Exercising Statutory Direction- A statutory authority must address himself properly in law in the exercise of statutory discretion. He must direct his attention to matters whi......: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24, 2012 Result: The R......e elementary principles of natural justice- 'Inaction' of the respondents manifested in not giving the petitioner's government portion of monthly salary or MPO is found to be without legal authority. The same also reflects and arbitrary abdication of duty by a public authority ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mouza Mymensingh Town, Police Station Kotwali, District-Mymensingh and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the, Rule, in short, are that Satish Chandra Datt...... High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Ambia (Harun)......................Petitioner Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: T......s made absolute. Relationship between appellate court and trial court When an appellate court affirms the judgment of the trial court it becomes binding upon the respondents and they become legally bound to mutate the name of the petitioner as per judgment passed by the courts below&hellip..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....rs in Civil Petition Nos.873, 874, 876, 882, 883 and 892 of 2010 were reinstated conditionally subject to the result of the judgment of this Division but the learned Advocate-on-Record without taking proper instructions from the Biman and also without showing the order of reinstatement, mislead this......d. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Bangladesh Biman Airlines Limited and others………Petitioners (In all the cases) Vs. Emran Ahmed and another................... petitioners in exercise of power under regulation 52(1) against which they moved writ petitions in the High Court Division which declared the orders of termination from service to have been issued illegally. The petitioners preferred Civil Petition Nos.873, 874, 876, 882, 883 and 892 of 2010 from t..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....) so far as it relates to the petitioner is declared to have been passed without lawful authority and is of no legal effect and hereby set-aside. 9. However, the respondent Bank may further file proper application under section 34(1) of the Ain, if so advised, in this regard. Communicate t......qul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made a......ner and 4 others in civil prison for 6 (six) months (Annexure-E-1) in so far as it relates to the petitioner only should not be declared to have been passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the respondent No.2 Al-A..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ...... Present: Tariq ul Hakim J Md. Faruque J Seven Circle Bangladesh Ltd...........................................Petitioner Vs. Chairman, Labour Appellate Tribunal, Dhaka and others........Respondents Judgment May 15, 2012. Result: The Rule is made ab......74 of 2009 (Annexure-E) setting-aside the judgment and order dated 14-5-2009 in Complaint Case No.04 of 2006 by the Third Labour Court, Dhaka has been passed without any lawful authority and is of no legal effect. 2. In this application under article 102 of the Constitution it has been stated t..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....es to the Constitution and also be declared to have been enacted without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. The Rule is made returnable within 4 (four) weeks. Sheikh Hassan Arif J (Dissentin......sion (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J Advocate Murshedur Rahman Chowdhury...........Petitioner Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 2012. ...... expression "any individual or group of individuals" shall not be declared to be ultra vires to the Constitution and also declared to have been enacted without lawful authority and is of no legal effect and why section 19 of the Constitution (Fifteenth) Amendment Act, Amending Article 47(3..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e Penal Code, now pending in the court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. 2. The short facts for disposal of the Rule is that: On 28.11.2010 one Md. Abdus ......urt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: ...... process of law and the complaint petition with its proceeding are liable to be quashed. The learned Advocate for the petitioner further submits that the learned Judicial Magistrate, Pabna acted illegally on initiating proceeding without any documentary evidence or any sort of enquiry and passed..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....strict Judge, Court No. 2 Dhaka and restoration of the Award.
11. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the appellant, submits that the contract was finally awarded after proper evaluation of 2nd stage tender documents both in respect of technical as well as financial sp......sion
(Civil Appellate Jurisdiction)
Present:
Khondker Musa Khaled J
SH Md. Nurul Huda J
Maisha Corporation (Pvt.) Ltd..........................Appellant
Vs.
Bangabandhu Sheikh Mujib Medical University (BSMMU) and others…....Respondents
Judgment
M......rther contended that the Syndicate of the BSMMU passed an order giving effect to the amicable settlement reached in between the parties, with some modifications. That the Tribunal committed no illegality directing parties to abide by the decision of the Syndicate. It is further contended that t..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......ab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kali Mohan Das...........................................Petitioner Vs. Mossammat Firoza Begum and others ............Respondents Order May 10, 2012. Result: The Leave is gra...... case is that before transferring the case land, seller respondent No.3 offered the case land to the pre-emptor on whose refusal, a bainapatra was executed and thereafter, pre-emptee No.1 published a legal notice through his learned lawyer in the local newspaper. As per said legal notice neither the..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
.... title, confirmation of possession and for permanent injunction in respect of the land described in the second schedule of the plaint. The case of the plaintiffs, in short, is that the suit property originally belonged to Ranjit Kumar Kar and his three brothers in Mourashi Maliki right. Ra......R (AD) (2012) 127. ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....ader J.- Appeal from Original Decree No.181 of 2010 and Civil Revision No. 4570 of 2009 by contesting defendant having arising out of the self same cause of action and having related to the same property are taken up together and this judgment would governed both these appeal and Rule. ...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Resul...... of agreement and out of rent of Taka 45,000 sometimes paid rent, at Taka 500, sometimes 2,000, 5,000 and 10,000 as a result huge amount of money as rent was fallen due. Plaintiffs on 1-9-2002 served legal notice upon defendant under section 106 of the Transfer of the Property Act and thereafter, fi..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
.... grounds taken in the writ petition challenging the legality of the impugned orders are based on issues relating to interpretation of law and where the construction of law is to be considered, a proper adjudication as required by all constitutions can not be done in a vacuum or without consider......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad......Managing Director of the Bank as per decision of the Board without approval of the Bangladesh Bank in accordance with section 14(1) of the Ordinance, that his continuation in such office was not legal and that he was not legally holding the office of Managing Director. On 2nd March, 2011 the Ba..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....11 passed by the learned District Judge, Dhaka in Arbitration Miscellaneous case No.477 of 2010 granting injunction restraining the second party/petitioners from making any construction over the suit property should not be set-aside and/or pass such other or further order or orders as to this Court ......ported in: 18 BLC (HCD) (2013) 285. ......oes not provide such jurisdiction to the High Court Division to exercise such power under Arbitration Act........ (17) Remedy prescribed by special law shall prevail over general law If any legal remedy is ordinarily available under both general law and special law, the remedy prescribed b..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
.... on the date fixed for hearing in allowing an application for restoration or setting aside an ex-parte order. But the Administrative Appellate Tribunal failed to consider the said sub rules in its proper perspective. In view of the language of sub-rule (7) of rule 6 of the Rules, 1982, prescribi......reme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam..........................of an appeal, so the question of rejection of an application on the ground of limitation" does not arise at all. But, unfortunately the Administrative Appellate Tribunal has failed to consider this legal aspect of the case in passing the impugned order. The Appellate Tribunal has also not stated ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ...... General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) ......l the accused brought a fake "moulvi" to the house of the informant and performed a fake marriage between he and that victim girl and thus created a belief in the mind of the victim girl that she was legally married wife of the accused and since thereafter he had sex with the victim girl frequently...Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
.... be exercisable arbitrarily or mala fide and ordinarily, guideÂline for fair and equal execution are guarantors of the valid play of power and when the mode of power of exercising a valid power is improper or unreaÂsonable, there is an abuse of power……………………………….(40) T...... April 25, 2012. Result: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority......onstitution of the People's Republic of Bangladesh the learned Assistant Sessions Judge is liable under the law to give effect to the order of the President and in not doing so he committed serious illegality and exceedÂed its jurisdiction. Mr. Tamizuddin further submits that there is no legal just..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....unt, the decree-holder Bank on 31-01-2001 filed Artha Rin Execution Case No.02 of 2001. In the Execution case after completion of all legal formalities, notice was published for sale of the mortgaged property of the judgment debtor in auction but no bidder participated in the auction on 05-11-2003, ......etition No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) ......ince the defendant-judgment debtor failed to pay the decreetal amount, the decree-holder Bank on 31-01-2001 filed Artha Rin Execution Case No.02 of 2001. In the Execution case after completion of all legal formalities, notice was published for sale of the mortgaged property of the judgment debtor in..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
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