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Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194.......basis of that order of this Court the detenu was released in the evening of 8‑10‑2002 but by a fresh order made by the same District Magistrate, the detenu was detained from the jail gate. This, according to the learned Advocate, is capricious, arbitrary and colourable exercise of power by a Di...... Vs. Government of Bangladesh and others...........Respondents Judgment February 5, 2003. Lawyers Involved: Sk Md. Morshed, Advocate‑ For the Petitioner. Zaman Akhtar, Assistant Attorney-General with Kamrun Nessa, Assistant Attorney-General‑ For the Respondents. Writ Petitio...... to why the detained Md. Shahid now being detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. Heard the learned Advocate Mr. Sk Md. Morshed for t..Category: Constitutional Law | Date: | Hits: 161
Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ......esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ...... Abdul Wadud Bhuiyan with Aminul Hoque and Md. Abdul Jabbar, Advocates‑ For the Petitioners. Rabia Bhuiyan with Shahiduddin Hussain Advocates‑ For Respondent No. 3. Altafur Rahman, Deputy Attorney-General with Abdur Samad Kamal, Assistant Attorney-General‑ For the Respondents. Writ Pe......ification SRO No. 30‑Ain 2000 Sha‑Poura-2 Ga Sha‑1/92 dated 3‑2‑2000, issued by the respondent No. 1, Annexure-A to the petition, should not be declared to have been made illegally, without lawful authority and of no legal effect. 2. The case of the petitioners, for the purpose of the d..Category: Election Law | Date: | Hits: 85
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....tion of accused person by the police is going on, which not only creÂates serious doubt in the prosecution case but creates serious bar in the disÂcharge of rule of law as well as Administration of justice. As such, there found no reasons to accept the testimoÂny of P.W.'s 10, 12 and 16 in the ca......f the 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: VII ADC (2010) 1013.......minal Petition No. 245 of 2009) Kamal Miah and another..........Respondent (In Criminal Petition No. 246 of 2009) Judgment April 4, 2010. Lawyers Involved: A.S.M. Abdul Mobin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner. (In both the cases) ......201/34 on 08.09.2003 against the accused persons including the appelÂlants. The charge was read over to the accused persons of whom they pleaded not guilty and claimed to be tried in accordance with law. 5. During trial the prosecution examined as many as 25 witnesses and the witÂnesses were du..Category: Criminal Law | Date: | Hits: 46
Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)
....e above, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......osition of P. W.1 regarding the transfer of the shares of the said co-sharers. The learned Advocate further submitted that the co-sharers left their residence after disposing of their properties and accordingly ceased to be co-sharers and as such, the High Court Division committed error of law in d......d by Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-124. Civil Petition for Leave to Appeal No. 1587 of 2009. (From the judgment and order dated the 18th day of May, 2009 passed b......Advocate further submitted that the co-sharers left their residence after disposing of their properties and accordingly ceased to be co-sharers and as such, the High Court Division committed error of law in disallowing the pre-emption. 5. P.W.1 in his cross-examination said that he has nothing to..Category: Property Law | Date: | Hits: 39
Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)
....ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......absolute. The learned Advocate for the petiÂtioners fails to dislodge any of the above findings of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......e-on-Record-For the Petitioners (In both the Cases) Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Respondents (In both the Cases) Civil Petitions for Leave to Appeal Nos. 393-94 of 2009. (From the Judgment and order dated 12.11.2008 passed by the High C......f forÂgery, he was not able to produce the original deed and filed only a certified copy, as such, the Appellate Court rightÂly disbelieved the said forged deed but the High Court Division erred in law in disagreeing with the findings of fact arrived at by the Appellate Court, the last Court of fa..Category: Property Law | Date: | Hits: 46
Commissioner of Customs and others Vs. M/S. R.R. International and others, 2009, 38 CLC (AD)
.... of paper book is disÂpensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the above. Ed. This Case is also Reported in: VII ADC (2010) 1001....... of paper book is disÂpensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the above. Ed. This Case is also Reported in: VII ADC (2010) 1001.......is Case is also Reported in: VII ADC (2010) 1001.......o.244 dated 31.12.96, has been withdrawn and directed to assess customs duties and other charges on the basis of tariff value and the above refusal and direction an arbitrary, illegal and without any lawful authority. 4. The respondents in Civil Petition Nos. 661-69 of 2001 filed Writ Petition No..Category: Fiscal/Taxation Law | Date: | Hits: 93
Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
....dvocate-on-Record, appearing for the petitioner submitted that the Court of Appeal below and the High Court Division committed an error of law resulting error in the decision occasionÂing failure of justice in overlooking the oral and documentary evidence on record proving their case and observing,......2 .02 acres of land to the plaintiff. The plaintiff claims .08 acres of land by way of purchase and inheritance. 3. The defendants contested the suit denying the plaintiffs claim, inter alia, that according to them Haji Kala Miah took settlement of the suit land by patta dated 22.02.1894 from Naz...... January 6, 2010. Lawyers Involved: Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 290 of 2009. (From the judgment and order dated the 15th day of December, 2008 pass...... parties in the suit. 4. Mr. Md. Ibrahim Khalil, learned Advocate-on-Record, appearing for the petitioner submitted that the Court of Appeal below and the High Court Division committed an error of law resulting error in the decision occasionÂing failure of justice in overlooking the oral and doc..Category: Property Law | Date: | Hits: 47
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......constituted suit between them but, that will not be a ground for the defenÂdants to withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......or Advocate (with Mahbubey Alam, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1.
Not represented- Respondent Nos. 2-4.
Civil Petition for Leave to Appeal No. 2495 of 2009.
(From the judgment and order dated 9.6.2008 passed by the High Court ......8,57,952/- in place of Tk. 8,16,52,496.567.
6. Mr. Rokanuddin Mahmud, the learned Senior Counsel appearing for the petitioners contended that the learned Judges of the High Court Division erred in law in affirming the judgment and decree with modification passed by the learned Joint District Judg..
Category: Civil Law | Date: | Hits: 96
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......he company held on 25-10-2000 Articles 42 and 64 were also amended. Articles 42 in its original form provided that the number of company directors would never be less than 3 and not more than 6. But, according to the amended article, it may not be less than 2 Directors and more than 6 Directors. Art......ing the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ....... Matter No. 11 of 2001. Judgment KM Hasan J.- The facts, as stated in the petition, are that the respondent No. 1, Base Textile Limited, a private limited company was incorporated under the law of Bangladesh on 27-4-1993 (True copies of the Certificate of Incorporation and Memorandum and A..Category: Company Law | Date: | Hits: 247
Md. Kamal and another Vs. State, 2010, 39 CLC (AD)
....f Criminal Procedure. Therefore, considering the tender age of the accused with relation to the date of committing the offence his death sentence may kindly be commutÂed to life sentence for ends of justice. In view of the above, the submissions of the learned Advocate for the petitionÂer deser......and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Kamal …………………..Petitioner (In Criminal Petition No.3 of 2010) Liton Sarder………………...........Petitioner (In Criminal Petition No.4 of 2010) Vs. The ......and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988...Category: Criminal Law | Date: | Hits: 54
State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)
....tantial evidence though it was retracted, it canÂnot be denied. The High Court Division ought to have considered it in their findÂings and in the decisions committed an error occasioning failure of justice. The impugned judgment and order of the High Court Division is liable to be set aside. In......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrenÂder forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984....... Lawyers Involved: Rokonuddin Mahmud, Senior Advocate instructed by Ibrahim Khalil, Advocate-on-Record- For the Petitioner (In Criminal Petition No. 193 of 2008) A.S.M. Abdul Mobin, Deputy Attorney General instructed by Ibrahim Khalil Advocate-on-Record-For the Petitioner.(In Criminal Petit......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrenÂder forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984...Category: Criminal Law | Date: | Hits: 46
.... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971....... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971.......I ADC (2010) 971.......allenging the legality of the aforesaid Act which is registered as Writ Petition No.4809 of 2003 in the High Court Division and another shareholder of the Dhaka Bank also challenged the aforesaid new law in Writ Petition No.3482 of 2003 and it was brought to the notice of the Chairman designate that..
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......Lawyers Involved: Khan Saifur Rahman, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.116 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court ......High Court Division that the disputed deed's "genuiness may be chalÂlenged and evidence may be led to rebut its legal presumption under section 90 of the Evidence Act" is based on misconÂception of law, inasmuch as, the High Court Division misapplied the statement of law argued in 57 DLR(AD) 82. ..Category: Criminal Law | Date: | Hits: 54
Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)
.... 9. It appears that the High Court Division and the trial court after considering the religious sentiment of the parties granted injunction in favour of the respondents. There has been no failure of justice calling for interference by this Court. We find no substance in this petition which is ac......entiment of the parties granted injunction in favour of the respondents. There has been no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ......A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-16. Civil Petition for Leave to Appeal No. 539 of 2009. (From the judgment and order dated 23.02.2009 passed by the High Court......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ..Category: Property Law | Date: | Hits: 44
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....decreeÂing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 960....... Division on proper consideration of the materials on record made the Rule absolute decreeÂing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 960....... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Alizan Shaikh being dead his legal heirs 1(Ka) Mst. Panch Khatoon & others…………Petitioners Vs. Moniruddin being dead his legal heirs 1(Ka) Md. R......der that the alleged vendor of the plaintiffs, Kallayani Debi, had no saleable interest in the suit land after the execution of the money decree in reference and that the High Court Division erred in law in holding that because of withdrawal of Title Suit No. 256 of 1963 by Surendra Nath Bhowmik, th..Category: Property Law | Date: | Hits: 51
Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)
....f paper books is disÂpensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955.......f paper books is disÂpensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955.......Petitioner. Abdul Baset Majumder, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.1. Not repÂresented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.137 of 2010. (From the judgment and order dated the 19th day of January, 2010 passed......ms allegedly under the instrucÂtion of Dr. Qazi Faruque Ahmed veheÂmently entered into the Proshika Bhaban, Mirpur took over control and possession of the same; that on 14.01.2010 early morning the law enforcement agency removed all miscreants from Proshika Bhaban and the Deputy Commissioner of Po..Category: Civil Law | Date: | Hits: 103
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....r book is disÂpensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......r book is disÂpensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......urul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1 (In Civil Petition No. 1780 of 2008.) Not represented-Respondent No. 2 (In Civil Petition No. 1780 of 2008.) Civil Petition for Leave to Appeal No. 489 of 2009. (From the judgment and order dated 12.01.2009 and 15.01.2009 passed by......d against the judgment and order dated 22.01.2008 passed by the High Court Division in Writ Petition No. 2766 of 2006 making the Rule absolute. 2. The facts, in short, are that the petitioner is a law abiding citizen of Bangladesh. He is also the elected President of the Bangladesh Parjatan Corpo..Category: Employment/Service Law | Date: | Hits: 95
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....its judicial mind in assessing the materials on record and the provision of law applicable thereto; that the High Court Division manifestly erred in law resulting in an error occaÂsioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and...... above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......ord-For the Petitioners. M.A. Samed, Senior Advocate instructed by Md. Nawab Ali Advocate-on-Record-For Respondent Nos. 1-27. Not represented- Respondent Nos. 28-35. Civil Petition for Leave to Appeal No. 1065 of 2009. (From the judgment and order dated the 17th day of March, 2009 passed......fs to put their case; that the defendants suppressed the whole mateÂrial facts and the High Court Division failed to apply its judicial mind in assessing the materials on record and the provision of law applicable thereto; that the High Court Division manifestly erred in law resulting in an error o..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....ourts below committed gross error of law in overlooking the aspect of res-judicata and thereby judgment and decree passed by the courts below were based on erroneous decision occasionÂing failure of justice. 10. We have perused the leave petition and heard the learned Advocate. We have also peru......on Lal, but no documentary proof could be produced before the Court and as such the appellate Court did not believe the ownership and possession of the said Rani Bala and Gopal Chandra as alleged and accordingly dismissed the appeal and allowed the cross-appeal. Being aggrieved against the aforesaid......enior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2 (In both the cases). Not represented-Respondent Nos.1, 3 (In both the cases). Civil Petition for Leave to Appeal Nos. 603-604 of 2008. (From the judgment and order dated 03.12.2007 passed by the High ......nd in view of the judgment and decree passed in Title Suit No. 59 of 1992 held that the Title Suit No. 28 of 1997 is hit by the principle of res-judicata and the Courts below committed gross error of law in overlooking the aspect of res-judicata and thereby judgment and decree passed by the courts b..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....ed for making an arrangement for his admission into the post graduate course, namely, MS (Urology) of Dhaka Medical College, but no result. The petitioner, therefore, served a legal notice demanding justice and to which the respondent Nos. 1 and 2 jointly replied to the said demand notice stating t......nnexure-H) and as such, his form was not processed. The age of the petitioner will be 42 years 4 months 25 days on 31-12-1999 and this is the date to be counted and he is quite eligible for admission according to the amended notification of the University and government policy as per Annexure-D and ......ner. Mahbubey Alam with Safar Ali, Advocate— For the respondents. Writ Petition No. 5038 of 1999 Judgment Syed JR Mudassir Husain J. - This Rule Nisi issued calling upon the respondents to show cause as to why the action of the respondents refusing admission of the petitioner in the MS......ka Medical College, Dhaka on false plea of the petitioner being over age on the basis of the notification dated 7-10-99 as contained in Annexure-G should not be declared to have been made without any lawful authority and or such other of further order or orders passed as may be deemed fit and proper..Category: Others | Date: | Hits: 100
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