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Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ...... (2004) 195. ......tee formed under the leadership of respondent Nos. 5 and 6 and further said that there was no alternative but to hold the election by ways of secret ballot. Respondent Nos. 5 and 6 challenging the legality and propriety of the latter dated 02.01.2000 filed Title Suit No.10 of 2000 in the 2n..Category: Labour and Industrial Law | Date: | Hits: 100
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Md. Saiful Islam..........................Appellant Vs. Md. Abdur Rahim and other........Respondents Judgment May 24, 2004. Lawyers Involved: ......ave, is against the judgment and order dated January 30, 2001 of a Division Bench of the High Court Division in writ petition No.1468 of 2000 making the Rule absolute and thereupon declared illegal the Memo, dated March 2, 2000 of the Ministry of Law, Justice and Parliamentary Affairs, Gove..Category: Civil Law | Date: | Hits: 95
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......han, Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant. Ex-parte- the Respondents. Criminal Appeal No. 1 of 1995. (From the judgment and order dated 16th February, 1993 passed by the High Court Division in Death Reference No. 10 of ......ating the evidence in support of the charges but in the instant case the only material before the Court against the accused respondent was the confessional statement of co accused which is no legal evidence against the convict respondent in the absence of any other corroborative evidence. A..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....dents were owners of 11.34 acres of land, out of a total area of 21.95 acres with in C.S. Khatian No. 3170 of Muza 211 Baunia, P.S. Mirpur, District Dhaka. Along with other properties the case property measuring more or less 1465.05 acres of land was requisitioned under section 3 of the (Em......fzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka and other....................................Appellants Vs. Abdul Wahab Mia and other......ntial quarters. By a mere press release inviting general information about unauthorized occupation of lands in and around the city of Dhaka the writ petitioners have not been bestowed with any legal right for release of the case property from requisition. The writ petitioners have filed..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
.... M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was declared as enmity property by notification dated 6.10.1965 and the same was taken over for management by the East Paki......s also Reported in: 1 ADC (2004) 149.......81 calling upon the appellants of the two appeals to show cause as to why the said notice for sale of the said property should not be declared to have been made without any lawful authority and of no legal effect. That rule was ultimately disposed of as anfractuous by judgment dated 14.1.1982 in vie..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....troversial by the appellant. By now he has also retired from service. Without probing too much at this stage into the correctness or otherwise of his statement of earnings we think it will be fit and proper in the facts and circumstances of case to accept his statement of earnings during the period ......ddin Ahmed, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent (appeared with the leave of the Court) (In both the appeals). Civil Appeal Nos. 102 and 103 of 1997. (From the Judgment and order dated 26-11-96 passed by the Administrative Appella......o. Dated 29-7-74 under P. O. No. 9 of 1972 which the challenged in title Suit No. 123 (a) of 1978 of the 1st Court of Subordinate Judge, Dhaka and obtained a decree declaring the said order as illegal. The government appellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The re..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
.... the contention of the learned Advocate for the appellants must succeed. The question that there was no guide line for fixing tariff value under Section 25 of the Customs Act could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to cos......mmad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman & 5 others................Appellant (In Civil Appeal No. 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995). Judgment May 21, 1......ff value by the impugned notifications giving retrospective effect was arbitrary and without any reasonable basis and as such the same amounts to an exercise of unguided power which is illegal inasmuch as there being no guide line for fixing tariff value in Section 25 and the Governmen..Category: Fiscal/Taxation Law | Date: | Hits: 199
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....gle Judge of the High Court Division without adverting to the findings of the court of appeal set aside the judgment of court of appeal and ns such the judgment of the High Court Division is not a proper judgment of reversal and hence can not be maintained in law and that the High Court Division......d. This Case is also Reported in: 1 ADC (2004) 107. ......ppearing when the suit was taken up for hearing and decreed ex parte are based on correct assessment of the materials on record. The learned Advocate for the appellant could not point out any legal infirmity in the judgment of the High Court Division. The appeal is accordingly dismis..Category: Procedural Law | Date: | Hits: 84
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......ury CJ Mahammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Dhaka University represented by Professor A. K. Azad Chowdhury, Vice Chancellor Dhaka University and others.....................Appellants (In Civil Appeal No. 54 of 2001) Vs. ...... The learned Advocate appearing on behalf of the appellants submits that after this unanimous resolution it can not now be said that the counting of ballot papers in Dhaka of outside stations is illegal. But Article 46(1)(i)(e) provides that the notification as contemplated under this Artic..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....(i) whether the Court Division is competent and independent to act under section 491 of the Code of Criminal Procedure in an appropriate case when it is found that the victim has been illegally and improperly kept under confinement under the garb of judicial custody when she is a minor on the order ......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J Arun Karmakar...........................Appellant Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal......issions as to (i) whether the Court Division is competent and independent to act under section 491 of the Code of Criminal Procedure in an appropriate case when it is found that the victim has been illegally and improperly kept under confinement under the garb of judicial custody when she is a minor..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....inal position should be restored to the extent of such variation. The learned Additional Attorney General submits that in this case there is no allegation that the appellants took possession of the property in execution of any decree which was varied or altered by the High Court Division. In fac...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J K. M. Hasan J Military Estate officer, Dhaka Cantonment, Dhaka and another..........Appellants Vs. Sk. Mohammad Ali and others..........Respondents......suit land with a further declaration that notice date 29.12.1976 issued by the appellants namely Military Estate Officer, Dhaka Cantonment for removing the structures from the suit land is illegal, void and not binding upon them. At the first instance the suit on contest was dismissed..Category: Property Law | Date: | Hits: 31
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....d erred in not holding that mere intention of the accused respondent is bad in view of the fact that he took money by inducing the complainant appellant in believing that he is the owner of the properties although he was not so and when he was caught the accused respondent issued a cheq......udassir Husain J Abdul Aziz………………………………………Appellant Vs. Khaja Abdul Gani and others..........Respondents Judgment August 13, 2003. Cases Referred To- ......the complainant. The cheque was dishonoured on 29.3.1997 6.4.1997 and 16.4.1997 by the concerned bank with the comment of not having sufficient fund in the account. The complainant sent a legal notice on 23.5.1997 asking the accused respondent to pay back the entire amount. The accused ..Category: Criminal Law | Date: | Hits: 45
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....ridges. The licenses were regularly renewed on payment of fees to the concerned authority. An Advocate, named, Javed Akther Faruq, who is his political rival, in order to harass and grab his landed property implicated him in false cases. On being unsuccessful in those cases, Javed Akther Fa......resent: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Golam Ambia..............................Appellant Vs. The Deputy Commissioner, Mymensingh and others......................Respondents Judgment August 26, 2003. Lawyers....... 5. Adbur Razaque Khan, the learned additional Attorney General, appearing for the respondents has referred to section 26 of the Arms Act and conceded that the arms were seized illegally. Section 26 of the Arms Act, 1878 is to the effect:- "The (Governm..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is his personal property and that the suit property is not a play ground or an open field ...... Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Shahabuddin Chisti …........Appellant Vs. Rajdhani Unnayan Katripakhya and another.........Respondents Judgment July 28, 2008. Case Referred To- ......property is not a play ground or an open field or a water reservior/river and also for declaring memo dated 06.04.1999 issued by the defendant No.1 Rajdhani Unnayan Katripakkhya in short RAJUK as illegal, without jurisdiction and not binding upon the plaintiff. 3. In the plaint it was asse..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....and 19 BLD 461 as cited by the learned counsel of the petitioner and so there is no ground to issue a rule for quashing the proceeding. 6. We are of the view that the High Court Division on proper consideration of the materials on record and the law involved rejected the application...... Md. Hassan Ameen J Md. Abdul Matin J Abdur Noor Chowdhury……………………………Petitioner Vs. The State and another…………………..........Respondents Judg......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....ial court rightly believed the evidence of the PW 1, 2, 3, 4, 5, 6,7,11 and 17 against the respondents and rightly acquitted others having found them not guilty while convicting the respondents on proper scrutiny of evidence but the High Court Division set aside the judgment on allowing the appe...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The State .............................Appellant Vs. Nantu Biswas and others…..........Respondents Judgment August 3, 2008. Cases Referred......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....annot be resolved in a writ petition under Article 102 of the Constitution as it requires adjudication on facts on evidence. 5. Accordingly we are of the view that the High Court Division on proper consideration of materials on record and the law involved discharged the Rule and accor...... Md. Hassan Ameen J Md. Habibur Rahman Islam……………………...Petitioner Vs. The Secretary, Ministry of Local Government and Rural Development, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka & others.......y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ..Category: Property Law | Date: | Hits: 21
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Nekbar Ali………………………......Petitioner Vs. Government of Bangladesh and others……........Respondents Judgment November 25, 2007. Case ......d as a same political unit but by the impugned order a discrimination has been made and thus the impugned order is liable to be declared to have been made without any lawful authority and is of no legal effect; that the impugned notification was issued with a malafide intention illegal..Category: Property Law | Date: | Hits: 22
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......llate Division (Civil) Present: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mojibar Matubbar and others ..........Appellants Vs. Abdul Hamid Matubbar being dead his heirs Md. Az......he plaintiffs were admittedly dispossessed by the defendants during the pendency of the suit and no prayer for recovery of possession was made by the plaintiffs. The impugned judgment thus suffers legal infirmity and is liable to be set aside. The appeal is therefore allowed without ..Category: Property Law | Date: | Hits: 25
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....ha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. The defendant with a view to grabbing the entire paternal properties erected the deed of gift No. 3028 dated 02.03.1987, one day the defendant brought a vend......ondent Judgment July 1, 2008. Lawyers Involved: Alhaj Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 2004 (Fr...... in Title Suit No. 181 of 1996 and remanding the suit for re-trial. 2. The appellant filed the suit for declaring that the 'Kha' schedule deed appearing in the plaint is void, collusive, illegal, fraudulent, forged and not binding upon the plaintiff and the plaintiffs case, in short, is ..Category: Property Law | Date: | Hits: 24
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