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Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....at keeping the litigations pending in the High Court Division, it is not possible to initiate the election process afresh. 38. This Division previously exercised the power of doing complete justice under article 104 of the Constitution in several cases including the cases of M/s Gannysons ......the writ-petitioners also stated that the statement made in paragraph-4 of the affidavit-in-opposition that "the Bar Council will take all the precaution to see that double voting is checked and accordingly, instruction has been given to the respective presiding officers to that effect&quo......cil............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Result: All the cases are disposed of on terms. Cases Referred to- HV Kamath Vs. Ishaque (1955)1 SCR 1104 (1126); AHM Mustafa Kamal Vs. Bangladesh, 61 DLR (AD....... Judgment Syed Mahmud Hossain J.- Civil Petition for Leave to Appeal No.1434 of 2012 and Civil Miscellaneous Petition for Leave to Appeal Nos.622-624 of 2012 involving similar questions of law having been heard together and are now disposed of by this common judgment. 2. Civil P..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)
.... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ...... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ..............................................................Respondent Judgment June 17, 2012. Result: The leave is granted. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Gias Uddin Ahmed, Advocate-on-Record—For the Petitioners. Not r...... to 20.01.2009 i.e. the date of filing the appeal before it were clearly explained in the application where neither the authority nor the learned Penal Advocate had any negligence and thus erred in law in rejecting the appeal as barred by limitation holding that no specific reason was stated." ..Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ...... Involved: AF Hassan Ariff, Senior Advocate 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 passe......section 26(2)(Ka) of the Ain, 2004 and the impugned proceeding is nothing, but an abuse of the process of the Court and, as such, the same was liable to be quashed, the High Court Division erred in law in passing the impugned judgment and order discharging the Rule. 8. From the allegations m..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......Advocate appearing on behalf of respondent No.1, on the other hand, submits that the trial Court compared the signature of defendant No.1 appearing on the ‘bainapatra’ with his admitted signature according to the provision of section 73 of the Evidence Act and there was no scope for obtaining op......t 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 initiative of the appellate Court is within its jurisdiction and...... 4. Defendant No.1 contested the suit by filing written statement denying the material statements made in the plaint. His case, in short, is that the suit is bad for defect of parties and barred by law of limitation. The bainapatra dated 3-3-2002 is forged and is created by the plaintiff. Defendan..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....ted thumb impression is necessary for the purpose of resolving all controversies involve fit the suit between the parties, we are of this view that such ex parte order has occasioned no failure of justice. 6. As regards the other point as to the rejection of the earlier prayer, we are of th......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. ...... opportunity of being heard. 2. Respondent No.1 instituted Other Class Suit No.3 of 1999 seeking declaration of title in respect of the suit land. The suit was dismissed by the trial Court. He took an appeal in the lower appellate Court and in the said appeal he filed an application for comp...... 3. Mr. Subrata Chowdhury, learned counsel appearing for the defendant appellant had assailed the order of the High Court Division on two grounds, firstly; the High Court Division erred in law in making the impugned order without affording the defendant any opportunity of being heard and..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....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. ......ision. 8. Mr. Azizul Hoq, learned Advocate, appearing on behalf of the leave petitioner, submits that the petitioner filed a review before respondent No.1 herein against the appellate order according to the newly inserted Section 7A of the Police Officers (Special Provisions) Ordinance, 19......ted by the Secretary, Ministry of Home Affairs and others.....................Respondents Judgment June 11, 2012. Result: The petitions are disposed of. Cases Referred to- Shaikh Mustainul Haque Vs. Inspector General of Police, 47 DLR (AD) 157. Lawyers Invol...... allegations made in the petition contending, inter alia, that the case is not maintainable in its present form and that there is no cause of action to file the case. By observing all requirements of law, the authority issued the order of dismissal. So the case is liable to be dismissed. 4. The..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
....of 1.54 acres of land out
of writ-petitioner's 20 acres
lease-hold land without serving any notice upon the writ petitioners have been
illegal and also in violation of the principle of natural justice.
11.
We do not find any wrong or illegality in the above findings of the High Court
D......
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......
Saiful
Islam Chowdhury and others........................Respondents
Judgment
June
7, 2012.
Result:
Appeal
is dismissed.
Lawyers Involved:
Rajik-Al-Jalil,
Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record—For
the Petitioners.
Must......t
petitioners under the khas khatian
of the Government (the annexure-G).
3.
The case of the writ petitioners, in short, was that their father Md. Sirajul
Islam Chowdhury and the brother-in-law of the writ petitioner No.1, namely, Syed
Muhammad Ullah were granted long term lease of 10 acr..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....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. ......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. ......hmed and others...............................Respondents Judgment June 5, 2012. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972, Article 102 Mere an omission to write the word appeal in the application cannot be a ground for not treating that application as ......ste after the pronouncement of the judgment in the earlier Writ Petition No.20 of 1999 inasmuch as merely because the impugned order was issued speedily it does not necessarily mean that was issued unlawfully. 8. The respondent No.1 has appeared in this appeal and has submitted concise statement...Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......e, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......vocate, appearing on behalf of the review petitioner, submits as under: 1. The Appellate Division committed an error apparent on the face of the record to ascertain that the material question of law regarding burden of proof was upon the respondent Nos.1 and 9 to prove their allegation against ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......ake step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......be deemed to have been allowed unless the appeal is disposed of within one year from the end of the year in which the appeal was filed; (II) Whether the Taxes Appellate Tribunal was justified in law in not accepting the bridge loan of an amount of Taka 3 Crore which was not an unexplained inves..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....age, considering the nature of the offence committed by the appellants, we find it a proper case to alter their conviction in exercise of powers under Article 104 of the Constitution for ends of justice. As regards the plea of minority of the appellants, I endorse the views of my learned brothe......icide, as he did not intend to kill B or cause death by doing an act that he knew was likely to cause death". 13. Here we find in direct conflict with the corresponding rule of English law, according to which, if a person, whilst committing an unlawful act, accidentally kills another, he w...... allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No.2967 of 2002 (criminal appeal was dismissed) is set aside. Cases Referred to- Joginder Singh Vs. State of Punjab, AIR 1979 SC 1876; Bimal Das Vs. the State, 14 BLD (AD) ......Sinha J.- I have read the draft copy of the judgment written by my learned brother Md. Abdul Wahhab Miah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevan..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......s with the petitioner for which the petitioner has no alternative but to initiate arbitration by filing notice of arbitration claiming compensation for loss and damage suffered under the Contract and accordingly the petitioner intended to invoke the Provisions of Clause No.18.03 of the Contract and ......o the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ...... make good the same for smooth running of the same during the pendency of the SIAC Arbitration for which the petitioner has preferred the instant application before this court. 14. On the point of law the learned senior counsel Mr. Ajmalul Hossain QC submits that under the Provisions of Section 7..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....ly issued the impugned order without serving any notice under Section 55(1) of the Act leaving the petitioner without any opportunity to defend his case. Therefore, violating the principle of natural justice the respondent No. 3 issued the impugned order which is to be declared without lawful author......eal before Appellate forum and therefore, there is no necessity of passing an ad-interim order for staying the operation of the impugned order"
25. In the said case their Lordships observed accordingly "In interpreting Sub-section (2) of section 42 all the learned Advocates agreed tha......ial Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Md. Akram Hossain Chowdhury J
PHP Float Glass Industries Ltd......................Petitioner
Vs.
Commissioner Customs, Excise and VAT and others.......Respondents
Judgment
May 30, 2012.
Result:
......by deduct ion in the current account register and stopping the supply of the goods till having positive balance in the said register (Annexure-G) should not be declared to have been done without lawful authority and is of no legal effect and/or such other or further order of orders passed as to..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......e Ministry of Law, Justice and Parliamentary Affairs also had requested the District Registrar, Feni vide Memo No Bichar-7/2-N-38/83-58 dated 2-8-2009 to prepare a panel by the Advisory Committee and accordingly to place the list before the Ministry concerned for consideration. However, meanwhile &q.........Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: The Rule is discharged. Nikah Registrar needs sanction of law to work According to Rule 6 a Nikah Registrar can perform additional responsibilities for a max.............Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: The Rule is discharged. Nikah Registrar needs sanction of law to work According to Rule 6 a Nikah Registrar can perform additional responsibilities for a..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....d by their alleged purchase; rather the plaintiffs purchased litigation, so the appellate Court and the High Court Division erred in law resulting in an error in the decision occasioning failure of justice in decreeing the plaintiffs' suit. The appellate Court without adverting to the findings of ......tified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or numbers and where the area is mentioned, such description shall further state the area according to the notation used in the record of settlement or survey, with or without, at the option......eal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to prove their title to the suit land and but also to prove that the suit has been filed within twel......nd others….......Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of tit..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....title and possession on the basis of a registered deed of sale. In the circumstances, if the petitioner be also allowed to be added in the revocation proceeding like added opposite parties, we think, justice will not fail." 16. It further appears that the High Court Division passed the impugned j......ivision may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the District Judge, on application being made therefore, to grant it accordingly, in supersession of the certificate, if any, already granted. (2) An appeal under sub......al Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.......Respondents Judgment May 30, 2012. Result: The appeal is allowed. Cases Referred to- Sree Paresh Chandra Dey Gupta Vs. Abul Hossain, 33 DLR (AD) 254; Shubra Nandi Majumder Vs. Be......Dolly Rani Sen @ Dolly Rani Roy and not from the testator, had/has no locus standi to make application to be added as a party in the revocation miscellaneous case and the High Court Division erred in law in passing the impugned judgment and order allowing his application for addition of party and, a..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....ers the learned Judges of the High Court Division on mere surmises and conjectures wrongly observed "We being satisfied upon the material on record hold the view that it is a fit case where justice demand an exemplary monetary compensation for the detenue from the Respondent Nos. 1 and 2. ......ry power of the High Court Division. Though the Constitution does not expressly state the nature of the relief which may be granted yet it has been left to the High Court Division to grant the relief according to the circumstances of a given case by exercising its plenary powers under Article 102 of......not only be Injunctive but also Remedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remedial in scope to provide any relief against a breach of fundamental right already committed which may include the,......s in the former 4 (four) Writ Petitions and Taka. 10,000 to the detenue in Writ Petition No. 3489 of 1999. All these Civil Appeals are being disposed of by this single judgment as common questions of law and facts are involved in all these appeals. 2. Since common questions of law and facts are..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....t alternative relief provided by the statute was neither availed by the predecessors-in-interest of the writ-petitioners nor by themselves for the last about 40 years and this caused miscarriage of justice in passing the impugned judgment and order. Mr. Mahbubey Alam has further submitted that t......llaneous 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.19 of 1987 according to the decree passed in Title Suit No.280 of 1970 in respect of 7 S.A. plots measuring 5......l, Senior Advocate and Azim Khair, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, 2010 passe......a in Case No.3-85/94(Appeal)-Dhaka 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 t..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......No.1 was able to contribute at the relevant time and only the land covered by the said money may be acquired and as per said price, per decimals of land at the relevant time, was at taka 4,43,574 and accordingly an area of 1.03 acres of land was acquired and which was delivered to defendant No.......gabandhu Sheikh Mujib Medical University (BSMMU) & others………Defendant Respondents Judgment May 27, 2012 Result: The appeal is allowed. Cases Referred to- Nur Muhammad Vs. Mainuddin, 39 DLR (AD); Abul Khair (Md.) Vs. Pubali Bank Ltd, 53 DLR (AD) ......uit No. 224 of 2004 against the acquisition proceeding where all the papers of land acquisition case No.2/78-79 were submitted. Plaintiffs went to the learned Advocate, Md. Khalilur Rahman, lawyer for the plaintiff of Title Suit No.224 of 2004 and from him, plaintiffs could know that prede..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
...., Certiorari and Mandamus shall surely lie to rectify his orders………………………. (20) A violation of the elementary principles of natural justice- 'Inaction' of the respondents manifested in not giving the petitioner's go......ar sheel and Tapon Kumar Roy had appeared before the said Selection Board. Upon completion of the selection process, the petitioner Topon Kumar Roy was found to have received the highest mark and was accordingly ranked first. Accordingly, the selection Board recommended him to be appointed as a lect......ers.......................Respondents Judgment May 24, 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 s......esult: 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 which he is bou..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
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