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Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... within meaning of the Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) required the determination of disputed questions of facts, it could not be resolved on the affidavits filed by the parties. 2. Civil Petition No. 305 of 1977 arises from......xercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make the following Regulation:— 1. Short title.- This Regulation may be called the Abandoned Properties (Supplementary Provisions) Regulation, 1977. 2. Regulation...... arises from the judgment and order of the Division Bench of the High Court passed in Writ Petition No. 257 of 1973 on April 7, 1977 rejecting the prayer for declaring that the industrial concern named "Bangladesh Glass Works" of Bogra is not abandoned property within th...... Appellate Division (Civil) Present Syed A B Mahmud Hosain CJ Kemaluddin Hossain J Fazle Munim J Mrs. Halima Khatun.........Petitioner Vs. Bangladesh and others………....Respondents (In Civil Petition No. 171 of 1977) Mrs. D..Category: Constitutional Law | Date: | Hits: 307
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....9-5-1998 was registered under sections 147/347/379 of the Penal Code and after investigation the police on 8-9-1999 submitted charge sheet under sections 143/447/379 of the Penal Code against 33 persons including the accused petitioner. Then, on 4-11-1999 the learned Magistrate framed charges aga......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ed the case/ which means that the materials collected during investigation are to he examined for the purpose of ascertaining as to whether there is any case for the purpose of proceeding with the trial against the accuseds but however/ if any extraneous document is filed at the stage of framing...... Tafazzul Islam J Azizul Hoque..........................Petitioner Vs State and others.................Respondents Judgment &nbs..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....ose out of Civil Petition No. 888 of 2002 filed against the judgment and order dated 15th and 16th April, 2002 of the High Court Division passed in Writ Petition No. 5981 of 2000 making the Rule absolute declaring section 8 of the Non-Cadre Class-I and II, Gazetted Officer (Customs Excise and VA......f the notification No. MF(ID) 1-3/77/522 dated 13 May 1978, it appears that the Implementation Division of Ministry of Finance provided that "1. The new National Grade and Scale of Pay will be called New National Scale of Pay without the No. 1 to XXI prefixed to them." whereby showing ......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ...... Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul K Chowdhury J Government of Bangladesh and others..................Appellants Vs. Md. Salahuddin Talukder ...................Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....angladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence has no fundamental right to be tried by the specified Court or the procedu......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......e’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence has no fundamental right to be tried by the specified C...... Present Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another..........................Respond..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ecides in the affirmative, decide the question of possible injury to public interest which may result from the disclosure of such document; (c) then call for the opinion of the Chief Justice so far as it relates to the writ petitioners………………&hellip......from scrutiny by the Court, the Court must give decision on the point. Only if the Court decides in the negative, then it may call for the documents. The Court must decide whether the documents are called for its inspection or for disclosure to the public. If it is called for inspection only, the......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. Md. Shamsu..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... Bird, at different ports and during the pendency of the above money suit the plaintiff, suppressing the filing of the above Money Suit No. 21 of 1993 in Bangladeshi which was pending, also filed Admiralty Suit No. 44 of 1994 in the Bombay High Court claiming from the defendant No. 2 t...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......f pleading had been taken in the form of a plaint. 6. In the case of United Shipping vs. WH Bennett and others 36 DLR (AD) 175 which was referred by the High Court Division, the trial Court in a suit in which the plaintiff claimed for a decree of Taka 5,85,841 passed order in ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Loyal Shipping Ltd. ........................Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment December 12, 2006. The Code o..Category: Civil Law | Date: | Hits: 111
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....Taka 22,50,60,999 only to the appellant, Anti-Corruption Commission. On enquiry, the appellant, Anti-Corruption Commission found that he concealed wealth of Taka 3,22,11,637 only. On enquiry it was also found that as per Income Tax returns up to 2006, total income of Mir Md Nasiruddin, his wife Da......e appeals and trial etc. under the Emergency Powers Rules to avoid delay in the disposal and to ensure that the convicts do not run away on getting bail. 39. One of the Rules of interpretation is called mischief Rule which provides that "the office of the Judge is, to make such construction as w......on 27 of the Anti-Corruption Commission Act, 2004 and section 109 of the Penal Code. Accordingly, charge was framed against the accused persons including the accused-respondent. After conclusion of trial the learned Special Judge, Special Judge Court No. 2, Dhaka by the impugned judgment and order......am J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helaluddin and another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....Abedin J.- This appeal by leave is directed against the judgment and order dated 24-11-1998 passed by a Single Bench of the High Court Division in Civil Revision No. 4520 of 1997 making the Rule absolute. 2. The fact, in brief, is that the appellants as plaintiffs filed Other Suit No.73 ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ...... said Other Suit No.11 of 1993 an ad interim order of injunction was passed on 23-2-1993 directing the parties to maintain status quo. During the pendency of the said Other Suit No. 11 of 1993 the trial Court by order dated 10-2-1994 dismissed the suit as infractuous on an application filed by t...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sarder Md. Hashim Zaman and others.........Appellants Vs. Thana Nirbahi Officer, Mithapukur, Rangpur and o..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
.... the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A of the Code of Criminal Procedure against any person………….(44) Offence not to be created by Court The H...... were also made with regard to the various activities which take place centering round Hartal and role of the law enforcing agencies. 7. The appellant submitted as to how and why Hartal is called and observed. He also submitted that Hartal has always been peaceful unless resisted by the ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......hellip;………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and others …………………………&he..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos. 1-9. He sold the same to Abdur Razzaque by the kabala dated July 26, 1960......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......y the plaintiff and the defendant Nos.2 and 3 as well as by the defendant No. 10. Plaintiffs and defendant Nos. 2, 3 and 10 also filed documents in support of their respective claims. 7. The trial court on consideration of the oral and documentary evidence arrived at the finding that defe......t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: ..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....lly or in other words there has been discrimination holding "when the advertisement was made qualification and experience for the respective grade was very much in the Rules of 1980 and was also very much in the advertisement and that the undenied position was that the writ-petitioner had n......the advertisement the writ petitioner, Respondent No.5 and others applied for being appointed as Engineer and Ship Surveyor and in due course the candidates whose applications found valid were called for interview, the Public Service Commission recommended Respondent No.5 for being&nbs......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. .......................................Petitioner Vs Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka and others.... Respondents Judgment November 29, 2006. Lawyers Involved: ..Category: Employment/Service Law | Date: | Hits: 79
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... India; that Dil Mohammad is enjoying the suit land since 1351 B.S. and S.A. Khatian No. 635 has been recorded in his name and he paid rents accordingly; defendants (appellants herein) predecessor Sudhir Chandra was known to the plaintiff-respondent and on his request he was allowed to resid...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......ng a forged document previously filed S.C.C. Suit No.2 of 1989 against the appellants for eviction as tenant and lost there; the suit is false and is liable to be dismissed. 4. The trial Court dismissed the suit and on appeal the same was decreed. The defendant-appellant unsucces....... Ed. ..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....2002 discharging the Rule obtained against the judgment and order dated 18.5.2002 passed by the learned Additional District Judge, Lalmonirhat in Miscellaneous Appeal No. 6 of 1999 affirming, with some modification, those of dated 30.11.1998 passed by the learned Senior Assistant Judge, Lal......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......to possession of the case land on 18.06.95 and he then raised dwelling house thereon at the cost of Tk. 25,000/- and that the pre-emptor is no longer a co-sharer in the case holding. 3. The trial court, after hearing, refused preemption holding that the pre-emptor ceased to be a co-s......petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....80 without statutory notice to the pre-emptor. The pre-emptor became a co-sharer of the disputed holding by purchase by kabala dated 23.05.1972. The pre-emptor first came to know of the kabala sought to be pre-empted 2nd Jaistha, 1388 B.S. when the labourers of pre-emptee went to the case la......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......shy;dence on 2nd Jaistha, 1988 B.S. P.W.2 Mozammel Huq, in his evidence stated that he heard about the kabala in question from one Abdul Gani who has not been examined in the case. Accordingly the trial court found that the pre-emptor failed to prove his date of knowledge of the kabala on 2nd Ja......aiz Siddiqui, Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Appeal No. 61 of 2002. (From the judgment and order dated 25.05.1998 passed by the High Court Division in Civil Revision No. 1233 of 1996.) ..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... joined as Technical Inspector of Food on 28-7-1981. While serving as such he was placed under suspension on 17-11-1981. In a Martial Law Case he was convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Taka 75,000 by judgment and order dated 20-8-1982. On hi...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......ed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August 9, 2006. Cases Referr..Category: Administrative Law | Date: | Hits: 132
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....for declaration of title and confirmation of possession in respect of the suit land measuring 3.75 acres. The suit land originally belonged to one Hajarilal Mondal, who died leaving behind a minor son Jitendra Nath Mondal and widow Gopali Bala Dasi. One Purna Chandra Mondal had illicit connectio......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......ossession of the suit land. The defendants alleged that the plaintiff had manufactured some false and collusive documents and on the basis of those documents has filed this suit. 5. The trial Court decreed the suit. Being aggrieved by the decision, the defendant-petitioners filed Titl......nce. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....eclaration that the order dated 26-1-1997 placing him under suspension is void and illegal and the notice dated 2-9-97 asking him to show cause as to why he shall not be dismissed from service is also void and illegal contending, inter alia, that he joined Rupali Bank, the defendant No.1/respond...... him, he replied to the same stating that he would not get fair trial; then the plaintiff, being compelled to believe that the defendant No.1, in order to dismiss him from service initiated the so-called departmental proceeding, had no other alternative but to file the suit. The defendants ......d by defendant No.1 and the final notice to show cause being issued by the same officer who conducted the departmental inquiry against him, he replied to the same stating that he would not get fair trial; then the plaintiff, being compelled to believe that the defendant No.1, in order to dismiss...... Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Khan Md. Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment March 12, 2006. Cases R..Category: Employment/Service Law | Date: | Hits: 120
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....upon admitting girls in the newly established School in violation of the Regulations of the Secondary and Higher Secondary Education Board, that the Managing Committee of the School adopted resolution for directing the High School not to admit girls and the said resolution was sent to the D...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......s in Classes VI to IX, that because of good performance in the public examination the School has become jealous and thereupon has filed the suit to cause prejudice to the High School. 4. The trial Court upon hearing the parties and on consideration of the materials on record held that it h......Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- ..Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
.... The principal question involved is, whether the learned Single Judge acted within his jurisdiction in reversing the concurrent decision on a question of fact namely, whether the respondent's predecessor-in-interest impliedly surrendered his tenancy right by voluntary abandonment of the suit land. ......lication and the other relating to the non-filing of a copy of the actual decree appealed against dated 30.12.82. The learned Single judge referred to the second objection in his judgment, which he called "objection of a technical nature which need not detain us long". The learned Judge took the v......t to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On consideration of evidence, oral and documentary, and the attending circumstances, both the trial Court and the appellate Court came to a finding that Ram Prosad had surrendered the land where......), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On c..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.... V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and names of the persons witnessing the refusal under rule 84(e), the report cannot be accepted. And the courts below fa.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ....... And the courts below failed to consider this relevant provision of law and committed error. Considering the evidence adduced by the appellants not duly considered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte de......1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
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