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Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)

.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ...... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ......MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Government of Bangladesh and others.......................Petitioners Vs. Sontosh Kumar Shaha and others ...........................Respondents Order November 12, 2009. ......of the disciplinary proceedings against the petitioner was not placed before the G.A. Committee and then to the Full Court of the High Court Division, rather those were made and initiated without lawful authority and on these findings the Rule was made absolute. 4. Mr. M.K. Rahman, the learne..

Category: Employment/Service Law | Date: | Hits: 73

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ...... that the loan would be paid upon being consolidated into one account of Islam Brothers Properties Ltd. The respondent No.5 also gave personal guarantee for repayment of the said outstanding dues and accordingly, the payment of the total loan amount was rescheduled in the Board meeting of the Bank, ...... For the Respondent No. 4. Rokonuddin Mahmud, Advocate — For the Respondent No. 5. Writ Petition No. 4828 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issue......pon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issued by respondent No.2 shall not be declared to have been made and issued without lawful authority and is of no legal effect and why respondent Nos. 1 and 2 shall not be directed to ..

Category: Business or Commercial Law | Date: | Hits: 208

Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......ime, on 22.01.2007, respondent No.5 wrote to Dhaka Bank for encashment of performance guarantee dated 29.03.2006. On 29.01.2007, respondent No.5 asked to the Project Director to cancel the contract according to clause 58 of the terms and conditions of the contract. 3. Respondent No.5 wrote to r......ondents Judgment February 4, 2010. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Salam Mondal, Deputy Attorney-General instructed by Md. Mushfiqur Rahman, Advocate-on-Record-For the Respondents. Civil ......ng the contract inasmuch as evidently the delay in execution occurred due to the fault of the respondents, not the petitioner. The learned Counsel also submitted that the High Court Division erred in law in discharging the Rule on grounds of maintainability inasmuch as it is trite law that breac..

Category: Others | Date: | Hits: 118

Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)

....nce for indictment of the petitioner and that on the absence of violation of any mandatory procedural provision the High Court Division stayed of proceedings allowing the offenders to escape criminal justice inasmuch as the notice in this case is the tool together evidence on assets and it is in n......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......Abdul Matin J ABM Khairul Haque J Anti-Corruption Commission...........................Petitioner Vs. Shamima Begum & others. ...........................Respondents Judgment October 8, 2009. Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Sufia Khatun, Advo......intainable as contemplated in sections 4 and 5 of the Emergency Powers Ordinance, 2007 debarring challenging of the Acts of the delegated authority in any Court; that the High Court Division erred in law interpreting section 26(2) and 27(1) of the ACC Act, 2004 and Rule 15(5) of the Emergency Powe..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)

....essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......2/Customs dated 14.06.1990 respondent No.2 fixed tariff value of secondary quality Tyre cord fabrics at Tk.10/-per Kg. and that of prime quality Tyre cord fabrics at Tk. 175/- per Kg. The petitioners accordingly applied for L.C. authorization for import of secondary quality Tyre cord fabrics and ope......f 2000) M/S. S. Traders...............Appellant (In Civil Appeal No.108 of 2000) M/S. Shapla Traders.........Appellant (In Civil Appeal Nos.109-110 of 2000) M/S. C.H. International, a Proprietor Firm..........Appellant (In Civil Appeal No.111 of 2000) M/S. Karnafully Traders......Appella......ischarging the Rules by two separate judgments. 2. The facts, in short, are that in all those writ petitions two S.R.Os. of Customs dated 02.02.1993 and 28.10.1993 were challenged as illegal and unlawful on the ground that Collector of Customs-respondent claimed customs duty and tariff value at a..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)

....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......-For the Petitioners. Slasti Sarkar, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-For Respondent Nos. 7-43. Civil Petition for Leave to Appeal No. 389 of 2009. (From the judgment and order dated 20.10.2008 passed by the High Coin ......�ther contended that both the Courts below concurrently found the plaintiffs' title and possession in the suit lands and that since the defendants denied their claim, the High Court Division erred in law in holding that the suit for partition is not maintainable. It is further contended that sin..

Category: Property Law | Date: | Hits: 104

Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)

....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......is sons, the plaintiffs orally on 1st January, 1984. One Abdul Hasan had filed application on 26th April, 1995 before the Assistant Commissioner (lands), Gopalgonj, for lease of the suit property and accordingly, the Assistant Commissioner (lands) called for a report from the local Tahsil Office. Th......itioners Vs. Bangladesh, represented by Deputy Commissioner, Gopalganj and others ......Respondents Judgment January 31, 2010. Result: The petition is dismissed. Case Referred to- 31 DLR (AD) 323. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by......dant government having failed to prove that the suit land was enlisted as vested property, the High Court Division did not reverse those concurrent findings and therefore, in view of the principle of law, the judgment of the High Court Division is not sustainable in law. 7. We have heard the lear..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)

.... Communication and Ministry of Local Government regarding the dispute of ownership of the aforementioned roads, the matter could not be settled. Thereafter, the petitioner served notice demanding justice upon the respondents for immediate settlement of the matter and to allow him to execute ......iven to settle the matter and allow the petitioner's to implement the work order's and therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......il Petition No. 2515 of 2009) Md. Abu Bakkar Siddiq and others.........Respondents (In Civil Petition No. 847 of 2010) Judgment May 24, 2010. Lawyers Involved: Morad Reza, Additional Attorney General instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners (In both the......d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ..

Category: Others | Date: | Hits: 165

Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)

....se before the learned Additional District Judge. Mr. Rokanuddin Mahmud, in the premises, argues that he is no inclined to press this petition on merit and this petition may be dismissed for ends of justice keeping the issue in dispute open with certain observations so that the petitioners will b...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......nt No.1 Not represented-Respondent Nos. 2-6. Civil Review Petition No. 159 of 2009. (From the judgment and order dated 24.03.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.60 of 2008) Judgment SK Sinha J. - This review petition at the instance of the pe......etitioners objected. Thereafter in the Miscellaneous Case, the Respondent filed an application under order 7 Rule 11 of the Code of Civil Procedure for rejecting it stating that the case is barred by law. The petitioners filed objection stating that order 7 Rule 11(d) of the Code of Civil Procedure ..

Category: Trust/Waqf Law | Date: | Hits: 171

Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)

....ow the moot point that calls for our determination is, whether the learned Additional District Judge committed any error of law in passing the judgment dated 20-1-2002 which has occasioned failure of justice. 19. It is admitted that the suit land measuring 32 decimals appertaining to RoR plot No.......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......tun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. Cases Referred to- Chan Mohamood (Md.) and others Vs. Md. Hossain, Ali 3 BLC 364; Kochi Mia @ Khocha Mia Vs. Su......and others reported in 3 MLR (AD) 284 in support of his contention. 18. Now the moot point that calls for our determination is, whether the learned Additional District Judge committed any error of law in passing the judgment dated 20-1-2002 which has occasioned failure of justice. 19. It is ad..

Category: Property Law | Date: | Hits: 126

State Vs. Md. Kaloo, 2003, 32 CLC (HCD)

....on account of physical assault Kohinur breathed her last. 3. Accused Md. Kaloo decamped immediately after commission of crime and had chosen to be an absconder and remained a fugitive from law and justice till conclusion of trial. 4. Autopsy on the body of deceased Kohinur Khatoon was performe......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638....... Tariq J State……………………………………..Petitioner Vs. Md. Kaloo ……………………………….Condemned Prisoner. Judgment November 4, 2003. Cases Referred to- Gourangh Kumar Saha Vs. State, 2 BLC (AD) 126; Abdul Matleb Huwlader Vs. State, 6 BLC (AD) 1......nur and on account of physical assault Kohinur breathed her last. 3. Accused Md. Kaloo decamped immediately after commission of crime and had chosen to be an absconder and remained a fugitive from law and justice till conclusion of trial. 4. Autopsy on the body of deceased Kohinur Khatoon was ..

Category: Criminal Law | Date: | Hits: 45

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......k to Jhalakati the police and a Fire Brigade ambulance were standing near the Kalizira Bridge. He stopped his vehicle there and police told him that there was a bomb in the Fire Brigade ambulance and accordingly, injured Badsha and two others were boarded in his ambulance for carrying them to Barisa......��……………………………….Appellant Vs. Shaiokh Abdur Rahman and others……..Respondents. Judgment August 31, 2006. Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General with Md. Helaluddin Mollah, Deputy Attorney-General. Md. Abdus Salam Bhuiyan, Assi......the 4(four) others pleaded guilty to the charge, Convict Arif having remained in abscondence did not face the trial. All the 6 condemned prisoners were present during trial, but refused to engage any lawyer to defend them and demanded their trial in accordance with, what they call the law of Allah. ..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......ection 35A of the Cr.P.C. provides for deduction from the sentence of imprisonment awarded against a convict of the period he has been in custody in connection with the offence before conviction. So, according to him, the learned Tribunal did not commit any illegality in deducting such period of his......i J Md. Raisuddin J Hiru Mia……………………………..Jail Appellant Vs. State ………………………………….Respondent. Judgment June 14, 2005. Cases Referred to- Abdul Razzak Talukder Vs. State, 51 DLR 83; Gahena Vs State, 20 DLR (WP) 271; Kamruzzaman Vs......, Learned Tribunal framed charge against the jail appellant for offence punishable under sections 19(a), 19(0 of the Arms Act to which he pleaded not guilty and claimed to be tried in accordance with law. 5. In order to substantiate the charge, prosecution produced 5 witnesses before the Tribunal..

Category: Criminal Law | Date: | Hits: 63

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

.... Sessions Judge, which he ought to have considered in the background of the facts and circumstances and the law applicable in the instant case. Non-consideration of this vital aspect caused serious injustice to the condemned prisoners. 29. Now let us see how far the trial Court is correct in conv....... Abu Noman Khan and Md. Ibrahim as the assailants of the deceased Abdul Khaleque and thereafter Jharna Begum identified the same set of suspects as the assailants of the deceased in his presence and accordingly, he drew up a Test Identification parade sheet. In cross-examination he admits that he h......mp; others ……………… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque an......Islam called him and told him that there was an outcry coming from the house of his brother and then he (PW 2) rushed there and saw his brother Abdul Khaleque lying injured on the floor and sister-in-law (informant) crying out and he also raised alarm and thereafter his brother Malek Bhuiyan, father..

Category: Criminal Law | Date: | Hits: 91

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......zubala transferred 1.8425 acres of land to Sudhir Kumar Das by a deed dated 30-6-80. Sudhir Kumar Das got his name mutated in Miscellaneous Case No. 45/IX-I/79-80 and No.317/ IX-I/82-83 and possessed accordingly. As Sudhir Das possessed his entire land inherited and purchased under khatian No. 1102 ......had Ali (Md.) and another………………………..Appellants Vs. Rampada Das & others………………………………….Respondents. Judgment July 12, 2004. Cases Referred to- Md. Jabed Ali and others Vs. Rakhal Chandra Mandal and others, 33 DLR (AD) 309; Abdur Rouf V......19 DLR (SC) 36 and Mofizuddin Patwari Vs. Abdul Hakim and others, 33 DLR (AD) 305. 25. Secondly, if the record of rights is changed by way of mutation in accordance with the procedure laid down in law by a valid order before the commencement of the proceeding for preemption the pre-emptor must be..

Category: Property Law | Date: | Hits: 69

Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

....suit. He further submits that the learned District Judge, having erred in law as well as in fact, illegally passed the impugned order committing an error of law in the decision occasioning failure of justice. 8. Mr. Shamim Khaled Ahmed, the learned Advocate appearing on behalf of the opposite par...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......the learned District Judge, Narayanganj, in Civil Miscellaneous Case No. 111 of 2005 arising out of Money Suit No. 3 of 2004 transferring the same from the Court of Joint District Judge, First Court, to the Joint District Judge, 2nd Court, Narayanganj. 2. The plaintiff-opposite party-petitioner (......ment hearing on 28-11-2005 and thus the application for transfer is mala fide with the view to delaying the proceeding of the suit. He further submits that the learned District Judge, having erred in law as well as in fact, illegally passed the impugned order committing an error of law in the decisi..

Category: Civil Law | Date: | Hits: 92

Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)

....perverse, suffers from absurdity due to misconstruction of evidence on record by the learned appellate Court below and interference by the revisional Court has become imperative to secure the ends of justice. 9. Mr. Arun Kumar Bhattacharaya, the learned Advocate appearing on behalf of the opposit......rdinance, 1985. 3. The case of the plaintiff, in short, is that the plaintiff Sonia Pervin Liza is the legitimate daughter of the defendant Abdul Aziz; that Feroza Afroz; who entered into marriage according to the provision of law of the country and out of their wedlock; the plaintiff Sonia Pervi......ziz (Md.)………………………………………...Petitioner Vs. Sonia Pervin Liza (Minor) ……………………………Opposite Party. Judgment July 9, 2006. Cases Referred to- Ms Sughre Begum Vs. Miah Mohammad Din, PLD 1950 WP (Lahore) 441; Marium Vs. Kadir Box, AIR 1...... of the plaintiff, in short, is that the plaintiff Sonia Pervin Liza is the legitimate daughter of the defendant Abdul Aziz; that Feroza Afroz; who entered into marriage according to the provision of law of the country and out of their wedlock; the plaintiff Sonia Pervin Liza was born on 27-4-1989 a..

Category: Family Law | Date: | Hits: 214

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......ing the parents of the bathroom incident due to illness of their mother and pre-occupation of their father on return from India and their consequent decision to disclose the matter on 24-4-1998 when, according to the family tradition, they would meet together at lunch in the PO House. PW 4 further s......�………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- 27 DLR (AD) 29; Lutfun Nahar Vs. State, 27 DLR (AD) 29, para 13; Pakala Narayan Vs. The King......ul Huq is the husband of PW 4 Sheji. He is not an eye-witness to the occurrence, but stated about certain prior and subsequent facts. He stated that on 2-4-1998 his wife (PW 4) and the two sisters-in-law being Simeen (PW 3) and deceased Shajneen had gone to Marina Tea Garden at Kulaura on 3-4-1998. ..

Category: Criminal Law | Date: | Hits: 70

Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)

....nce on record. 31. This Court as revisional Court is to see whether the appellate Court has committed any error of law in reversing the decision of the trial Court which has occasioned failure of justice. 32. In all fairness, it must be stated that in the case of judgment of reversal, justice...... to Abdur Gafur as 6anna share, Amina Begum as 2 anna share, Hinguluddin as 2 anna 10 gonda share, Alip Khalifa as 4 anna share, Maherjan Bibi as 15 gonda share and Arobjan Bibi as 15 gonda share and accordingly CS khatian was recorded. It is further stated that Abdur Gafur died without any issue, l......hers....................................Petitioners Vs. A Huq Munshi & others …………………………………………Opposite Parties. Judgment May 25, 2006. Case Referred to- 45 DLR 391. Lawyers Involved: Abdul Quayum with Tapash Biswas, Advocates—For the Pet......ty to interfere by this Court in revisional jurisdiction. 19. The moot question that calls for our determination is whether the learned Additional District Judge, Jhalakati, committed any error of law in reversing the judgment and decree dated 19-7-1999 passed by the learned Subordinate Judge, Fi..

Category: Property Law | Date: | Hits: 70

Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......ancelled or withdrawn. The petitioner intentionally refrained from showing any cause and the respondent Government therefore, was pleased to withdraw his licence by the impugned order dated 25-4-2001 according to the provision of section 11 of the Act and Rule 8(1) of the Muslim Marriage and Divorce......5. Lawyers Involved: Shahabuddin Ahmad with Kazi Zinat Haque, Advocates—For the Petitioner. AFM Mesbahuddin with MA Gaffar Advocates—For Respondent No. 6. Sathika Hossain, Assistant Attorney-General—For Respondent No. 1. Writ Petition No. 1818 of 2001. Judgment Md. Awlad A......Constitution was issued calling upon the respondents to show cause as to why the impugned order being Memo No. 329 Bichar 6/2N-35/76 dated 25-4-2001 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition briefly, ..

Category: Employment/Service Law | Date: | Hits: 81

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