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....s including liabilities disclosing source of income within 45 days from the date of receipt of the notice failing which action under section 4(2) of the Act would follow. The petitioner served demand justice notice upon the respondents No.1 and 2 on 9.4.2003 through his lawyer but the respondents di......au, Dhaka thoroughly inquired the allegations and finally submitted inquiry report holding that those properties acquired by the petitioner were not disproportionate to his known source of income and accordingly the Deputy Director, Bureau of Anti Corruption, Dhaka informed all concerned to file the......er, Son of late Alhaj Md. Emanuddin Khan at present residing at Plassid Lake Apartment House No. 36, Flat No.402 (5th Floor), Road No.7, Dhanmondi R/A. Dhaka….............Petitioner
Vs.
Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others….............Res......াঃফোঃ-4/6308 dated 22.03.2003 (Annexure-A) asking the petitioner to submit statements of his properties including his assets and liabilities should not be declared to have been made without lawful authority and is of no legal effect.
2. Background of issuance of the Rule in short is th..
Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ent Act is not compoundable offence but in the light of the decisions of Indian Supreme Court referred to above, the application for compounding offence under section 138 may be accepted for the ends justice. 15. I have considered the submissions of the learned Advocates of both the parties and p......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......e 162. Lawyers Involved: Md. Arshadur Rouf, Advocate-For the appellant. Md. Belayet Hossain, Advocate-For the opposite party. Md. Abdul Khaleque with Mrs. Fazilatunnasa Bappy, Assistant Attorney General-For the State. Criminal Appeal No. 6309 of 2008 And Criminal Appeal No. 631......esaid two Sessions cases the accused-appellant preferred these two Criminal Appeals before this Court. 8. Since both the appeals are pending between the same parties and same question of facts and law is involved in these appeals, so both the appeals have been heard analogously and these two appe..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ...... Judgment Syed Mahmud Hossain J.- In this application under Article 102 (2) (a) (i)(ii) of the Constitution of the people’s Republic of Bangladesh a Rule Nisi issue calling upon the respondents to show cause at to why the 3rd proviso to Bidhi 5(4) of the Shammpattir Bazar Mullya Nirdharan Bidh......le Nisi issue calling upon the respondents to show cause at to why the 3rd proviso to Bidhi 5(4) of the Shammpattir Bazar Mullya Nirdharan Bidhimala, 2002 shall not be declared to be void and without lawful authority and the memo No. 284 dated 25.5.2008 issued by respondent No. 3 (Annexure-A-1) and ..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......, 2009. Result: The Rule is discharged. Lawyers Involved: Md. Bodruddoza with Mohammad Enayetullah, Advocates- For the Petitioner. A.K. M. Badrudduza Advocate-For the respondent Nos. 2 to 5. Writ Petition No. 2249 of 2009. Judgment ABM Khairul Haque J.- This is an application......ndent nos. 4 and 5 approving car loan facility for the executives of the respondent bank (as reproduced under paragraph no.05 of the writ petition), should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to impose ..Category: Banking Law | Date: | Hits: 205
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......ub Shafique, with Kazi Kamrul Alam, Advocate-For the Respondent No.1-3. Writ Petition No. 618 of 2002. Judgment Md. Nuruzzaman J. - Instant Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. Barebo/Raj/Prosha/Case-7/2001/3411 dated 10.12.2001 (Annexure-...... to the writ petition) issued by the order of the Respondent No.2 under the signature of the Respondent No.3 dismissing the petitioner from service shall not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......ed dated 28.10.1970 within the knowledge of the plaintiff-respondent and that on the basis of said sale deed his name has been recorded in the record of right vide Mutation Case No.289 of 1988-89 and accordingly the suit is liable to be dismissed. 4. The learned Assistant Judge on consideration...... by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court...... application and the High Court Division upon hearing the contesting parties made the Rule issued thereon absolute observing, amongst others, that: "The Court of appeal below on a misconception of law held that since the plaintiff was not a party in the order mutating the name of the defendant, h..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
.... the learned Joint District Judge has set aside the ex parte decree and allowed the Misc. Case is based upon misconception of law. The Court has no power to set aside an ex parte decree for ends of justice or for any cause other than its satisfaction that the defendant was prevented by sufficien......rusal of the evidence of P.W.1 noticed that though the defendants imputed the blame upon their Advocate Manik Mridha but said Manik Mridha remain as panel Advocate for the Chittagong Port Trust and accordingly disbelieved their plea. The learned Subordinate Judge decreed the suit after eight years......anuary 11, 2010. Lawyers Involved: Ziaul Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1835 of 2009. (From the judgment and order dated 22.01.2009 passed by the High Cour......part of the defendants in prosecuting the matter. The reason for which the learned Joint District Judge has set aside the ex parte decree and allowed the Misc. Case is based upon misconception of law. The Court has no power to set aside an ex parte decree for ends of justice or for any cause oth..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....ut applying its judicial mind to the materials on record arrived at a finding that the plaintiff could not or did not perform Taleb-i-ishat as per provisions of Mohammedan Law which caused failure of justice. 8. Mr. Khalequzzaman, also submits that the trial Court below on assessment of the enti......mmedan Law. 9. On the other hand, Mr. Jahangir Hossain, the learned Advocate appearing for the defendant-opposite party No.1 supports the impugned judgment of the appellate Court below which was, according to him just, correct and proper. The learned Advocate thereafter, in the course of argumen......rif Hossain……………………………………..Plaintiff-respondent-petitioner Vs. Md. Abdul Jalil and another…………………Defendant-appellant-opposite parties. Judgment October 19, 2009. Cases Referred to- Lokman Mondal Vs. Amir Ali Mondal and others, 19 DLR 759; 3...... argument after placing the relevant materials on record including the impugned judgment as well as the judgment of the trial Court below submits that the Court of appeal below under misconception of law and facts most illegally without adverting the material findings of the trial Court passed the i..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....s revisional jurisdiction is competent to reverse the judgment of the Courts below when the same has been made either upon mis-reading or non-consideration of the material evidence causing failure of justice”. 15. In view of the facts and circumstances of the case and also the legal position th......the possession of Mabu Sheikh in column provided for recording possession and the lands of C.S. Plot Nos.88, 106, 108, 118 and 416 were shown in possession of said Fazar Ali Sheikh and the record was accordingly finally published. That the said Fazar Ali Sheikh while in exclusive possession of the l......m with Sasti Sarker-For the opposite Parties. Civil Revision No. 1353 of 1997. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the judgment and decree dated 23.11.96 and 31.12.96 respectively passed by t......re in the so-called Salishnama to exchange the property of the plaintiff. Since transfer of property by exchange can be made only in the manner provided for transfer of property by sale in the eye of law the Salishnama has got no legal bearing unless it is a registered instrument. Section 54 of the ..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ...... pointed out that in a revision the learned Sessions Judge gave direction for taking cognizance but it is the jurisdiction of the Court concerned to decide whether cognizance can be taken or not. So, according to him, the above direction was also illegal. 4. The learned Assistant Attorney-General......…….Opposite Party Judgment November 30, 1999. Lawyers Involved: Syed Ziaul Karim with Salahuddin and Syeda Mamuna Begum, Advocates— For the Petitioner. Md. Mustafa, Assistant Attorney- General— For the State. Criminal Miscellaneous No. 827 of 1994. Judgment Hamidul ......t Punishment) Ordinance, 1983 was in force and in view of provisions of section 2 of that Ordinance, the provisions of that Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. The ingredients of the offence of section 366 are also incorporated..Category: Criminal Law | Date: | Hits: 29
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ...... was enrolled on 22-6-1995 being EC No. 2623 in the office of the Waqf Administrator, Dhaka. 3. The appointment of the Mutwalli as per aforesaid tradition being followed as per desire of Waqif and according to the aforesaid tradition Bazlur Rahman during his life time nominated the petitioner as ......h Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hossain J Syed Mahmud Hossain J Azizul Hoq (Md.)...............................Petitioner Vs. Administrator of Waqf, Government of Bangladesh and others …..Opposite Party Judgment July 25, 2001. ......reby removing the petitioner from the post of Mutwalli and appointing respondent No. 2 Md. Mobarrak Hossain as Mutwalli of the said Waqf Estate, should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....hat unless the injunction is granted, the plaintiff-petitioners will suffer irreparable loss, but the courts below also failed to determine this question and as a result there has been a failure of justice. Lastly, the learned Advocate for the petitioners submits that the prayer for temporary in......, it was not passed against a dead person as alleged. The further case of the defendant opposite party is that before the institution of the present suit, she has already made some pucca construction according to the plan passed by the local Municipality and the same awaits only completion; that the....... Osman Gani & others ..............................Petitioners Vs. Begum Tofatun Nahar & others ....................Opposite Parties Judgment December 14, 1988. Cases Referred to- 28 DLR (AD) 57, Naimullah and another Vs. Govt. of Bangladesh and others, the Bangladesh Sup......ppeared for the defendant opposite party No.1 and filed a counter affidavit to oppose the Rule. 7. The learned Advocate for the plaintiff-petitioners firstly submits that the courts below erred in law in coming to a finding that the plaintiff-petitioners have no prima facie case without consideri..Category: Procedural Law | Date: | Hits: 80
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....Court Fees Act 1870 and that the learned Munsif committed a great error of law by holding that valuation given by the plaintiff was correct, resulting in an error in decision occasioning failure of justice. The learned Advocate in support of his contention has relied on certain decisions viz. (1) ...... learned Advocate appearing for the plaintiff-opposite party submits that the suit is governed by section 7(iv) being a suit for an injunction and as such the plaintiff was entitled to value his suit according to the amount at which the relief sought was valued in the plaint. In support of his conte......ab Ali J M/s. Nawab Askari Jute Mills Ltd. & others............ Petitioners Vs. Giasuddin Ahmed................................Opposite Party Judgment April 27, 1988. Cases Referred to- AIR 1949 (Nagpur) 368; AIR 1952 M.B. 196; AIR 1954 MB 6; 11 DLR 57; 22 DLR 646; 26 DLR 82; 2......of the engine and ad valorem court-fee therefore ought to have been paid in view of the provision of Section 7(iii) of the Court Fees Act 1870 and that the learned Munsif committed a great error of law by holding that valuation given by the plaintiff was correct, resulting in an error in decisio..Category: Civil Law | Date: | Hits: 159
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....its that for the proper prosecution of this case the heirs of the deceased opposite-party No.1 Nurun Nahar Begum are required to be added as opposite parties in the main application for the ends of justice. The learned Advocate further submits that in the main suit out of which this present Rule a......ed by the opposite party No.3 for discharging the Rule in view of my order on the present application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ......dur Rahman J Dr. Mohammad Golam Kibria...................Petitioner Vs. Nurun Nahar Begum & others. ...................Opposite Parties Judgment January 23, 1989 Case Referred to- Mali Mandal and another vs. Khirode Bala Debya, 12 DLR 745. Lawyers Involved: Shahabud......resent application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ..Category: Procedural Law | Date: | Hits: 81
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....as not allowed to cross-examine Mr. Md. Yeasin. In that view of the matter we do not think that the enquiry before the enquiry officer was vitiated by any failure to observe the principles of natural justice. 8. Mr. Abdur Rab Chowdhury, however, has made out a point that in serving a second show ......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138....... Ali....................................Petitioner Vs. Bangladesh Textile Mills Corporation & another..........................Respondents Judgment January 23, 1989. Case Referred to- MA Hai Vs. Trading Corporation of Bangladesh, 32 DLR (AD) 46. Lawyers Involved: Abdu......ervice as contained in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Secretary of Bangladesh Textile Mills Corporation shall not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The petitioner joined the Bangladesh Textile Mi..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
.... Mr. Khan further submits that the appellant was tried in absentia and had no opportunity to defend himself. He was absent as he was not aware of the date of the case and he was never a fugitive from justice as he was on bail and there is nothing on record to show that his bail bond was cancelled or......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ...... Present: Anwarul Huque Choudhury J Amar Kumar Nag @ Ratu Nag..................Appellant Vs. The State…………………… Respondent Judgment January 4, 1989. Case Referred to- PLD 1981 SC 127. Lawyers Involved: Shawkat Ali Khan with Gour Gopal Saha, Advocates ...... 6. Mr. Shawkat Ali Khan, the learned Counsel having taken me through the impugned judgment and the evidence on record had submitted that the order of conviction and sentence cannot be sustained in law because there is no finding arrived at by the court below to the effect that the accused intende..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......eneral average adjusters were appointed. The plaintiff also signed the LLOYD'S Average Bond and Valuation Form counter-guaranteed by the Sadharan Bima Corporation of an amount of US $ 5,80,000.00 and accordingly the plaintiffs claim are fully covered by the insurance and as such the arrest of the ve......udur Rahman J Trading Corporation of Bangladesh.....Plaintiff Vs. MV Corina & others.....................Defendants/Opposite Parties Judgment December 14, 1988. Cases Referred to- Albert David Vs. M/s. Nedlleyd Lignen, 38 DLR 30; Al-Sayer Navigation Co. Vs. Delta Internat......he parties cited decisions in support of their contentions. 7. As the arguments advanced by the learned Counsels centre round of jurisdiction of this court it would be rather profitable to see the law in force in Bangladesh governing the field. This brings me to trace the origin of the Admiralty ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....inion that the learned Additional Sessions Judge in due exercise of his jurisdiction has passed the impugned order and no case of abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Re......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ...... Nurul Huque Bhuiyan J Moslemuddin Dhali & others ..............Petitioners Vs. Helaluddin Dhali & others ..............Respondents Judgment December 8, 1988. Cases Referred to- Malik Manzoor Elahi Vs. Lala Bishambar Dass and another, 16 DLR (SC) 246; Mahmudul Haq Vs. G......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......replaced on 5.6.86 by another elected member namely, Mobarak Hossain. Mr. Ramizuddin, the elected Chairman of Barera (South) Union Parishad having also been suspended by the Government on 29.11.86, according to the petitioner, one elected member namely Md. Abdul Aziz was elected as Acting Chairm......Respondents Judgment November 22, 1988. Lawyers Involved: Serajul Hoque, with Amir Hossain and Abdul Matin Khasru, Advocates—For the Petitioner. Abdul Wadud Bhuiyan, the Additional Attorney General with Abdul Kader Chowdhury—For the Respondent Nos. 5-15. AFM Shahid, Deputy At......ishad and allowed them to participate in the proceedings of the Upazila Parishad as such representative members from 30.7.86 to 10.11.86 on several occasions and as such he is not permitted under the law to challenge their election of being elected as the Acting Chairman of those Union Parishads. In..Category: Election Law | Date: | Hits: 92
.... Sharifuddin Chakladar, the learned Advocate appearing on behalf of the plaintiff opposite party on the other hand submitted that the courts below committed no error of law occasioning failure of justice in arriving at a finding to the effect that the defendant-tenant is a defaulter within the m......ntract. The tenancy was for a period of one year upto 14th March, 1982 with effect from 13th March, 1981. According to the terms of the agreement the rent was payable within 1st week of every month according to English Calendar month. The defendant paid rent very irregularly and not according to......n Society...................... Petitioners
Vs.
Md. Maftabuddin Chowdhury..................................................... Opposite Party
Judgment
December 13, 1988.
Cases Referred to-
Ramjan Ali Mistry Vs. Md. Hadeyetullah, 31 DLR (AD) 183; M/s. Abdul Hoque vs. Zakir Hossain,......se pleading the parties fought out the suit. The Court of first instance having recorded the deposition of the witnesses and having considered the submissions made by the parties and the provision of law relevant, decreed the suit on contest on a finding that the defendant is a defaulter and the n..
Category: Property Law | Date: | Hits: 28
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