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Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....was not competent to subsequently hold that there was no abatement of the appeal as it could not sit on judgment of its own order nor it could review its order without any application for review on proper court fees. It was submitted that the order of abatement amount to a decree within the mean...... Present A. M. Sayem CJ Mohammad Abdullah Jabir J Ahasanuddin Chowdhury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 1975. Cases Referred to: ...... the procedure to be followed in case of death of one of several defendants or of a sole defendant, Sub-rule (2) of rule 9 of Order 22 lays down that the plaintiff or the person claiming to be legal representative of the deceased plaintiff or the assignee or the receiver in the case of ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Division Bench of the High Court passed in Writ Petition No. 82 of 1977 on June 21, 1977, discharging the Rule on the ground that as the question whether the properly involved was abandoned property within meaning of the Abandoned Property (Control, Management and Disposal) Orde...... 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......r before any authority or in any court; nor shall such taking over or vesting of property give rise to any claim to compensation. (2) All suits, appeals, petition applications and other legal proceedings pending immediately before the commencement of this regulation in any court in w..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Faridul Alam............ ..................Petitioner Vs. State and another...........................Respondents Judgment February 18, 2007. Resu......03 the complainant last presented the cheque in the bank for encashment but it has been dishonoured due to insufficient fund and then the complainant demanded the money from the accused serving him a legal notice and requested to pay the amount but to no effect. On the basis of the aforesaid complai..Category: Criminal Law | Date: | Hits: 138
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
....Division and the High Court Division discharged the Rule after setting aside the judgment passed by the learned Sessions Judge and directed the learned Magistrate to proceed with the case on taking proper step in the case on the basis of materials on record in accordance with law. The lear...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Taher and others.........................Petitioners Vs. Md. Abdul Kuddus and others…...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..Category: Criminal Law | Date: | Hits: 50
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ficates stating that on the date of occurrence the accused petitioner was present at his working place, is an extraneous document. 5. We are of the view that the High Court Division, on proper appreciation of law applicable in the present case and also the materials on record, ar...... Tafazzul Islam J Azizul Hoque..........................Petitioner Vs State and others.................Respondents Judgment &nbs......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. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....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 .......................zetted Officer (Customs Excise and VAT) Appointment and Service Terms and Conditions Act of 2000 being Act No. XX of 2000 to be violative of Articles 133 and 136 of the Constitution and, as such, illegal and without lawful authority and consequently, the impugned order No. 7(2) Shu-Va:Pro-3/2000..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....7 (EPR) in granting the impugned sanction asserting, amongst others, that the FIR reveals ingredients of extortion, threat, injury against the accused and that the police submitted charge sheet after proper investigation following the provisions of Cr.PC and that the trial was fixed on 17-1-2008 and...... 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......Station Case 34(6) of 2007 dated 13-6-2007), 2. The facts, in short, are that the respondent No. 1 as petitioner filed Writ Petition No.6576 of 2007 before the High Court Division challenging the legality of the approval given in the instant case by the Additional Secretary, Law Section'1, Minis..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....n of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in the a...... 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......y the non-appointment of Mr. Faruque Ahmed, Mr. Md. Shamsul Huda and Mr. Hasan Foez Siddique, Additional Judges as Judges of the High Court Division shall not be declared to have been done illegally and without legal authority and to be of no legal effect and why the respondents should not..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....h it is by now well settled that the defendant has both the right of set off as a defence and counter-claim as an attack which will be treated as a cross suit provided the counter-claim is stamped properly. 4. In the case of Laxmidas vs Nanabhai, AIR 1964 SC 11, the Indian Supreme Court...... 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...... really a plaint in a cross suit is made part of a written statement either by being made an annexure to it or as part and parcel thereof, though described as a counterclaim, there could be no legal objection to the Court treating the same as a plaint and granting such relief to the defendan..Category: Civil Law | Date: | Hits: 111
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....s way their total savings stood at Taka 24,39,28,637 which is disproportionate to his legal and known source of income. The respondents is beneficiary of the wealth of his father acquired through improper means and just after the arrest of his father Mir Md. Nasiruddin, he transferred total amou......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......ax file in 1984, his wife opened in 1996 and the respondent, Barrister Mir Md. Helaluddin opened in 2006. In this way their total savings stood at Taka 24,39,28,637 which is disproportionate to his legal and known source of income. The respondents is beneficiary of the wealth of his father acqui..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....tained by force and coercion by merely comparing the handwritings and signature of the said defendants in their resignation letters in exercise of power under section 73 of the Evidence Act without properly adverting to the finding of the courts below on the point and setting the same aside with...... 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......t the appellants as plaintiffs filed Other Suit No.73 of 1994 for declaration that the appointment of defendant Nos.10-15 as teachers of the Thakurbari Junior Secondary Girls School is void, illegal, collusive and without jurisdiction and the appointment of the plaintiffs 1-8 is valid and l..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....al per se is illegal. 32. It appears that in the hartal that took place on 9th, 10th and 11th February, 1999 there had been innumerable cases of injury including death and mischief to property and quite a number of criminal cases of very serious nature were registered in diffe......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......nce………………(44) Whether hartal constitutes offence? Hartal accompanied with force or violence or threat of force or violence is not only illegal but constitutes cognizable offences punishable under the Penal Code and other penal laws of t..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
.... so purchased from Abdul Hamid to the plaintiff on May 12, 1978 and since then plaintiff is in possession of the land in suit, that defendant Nos. 1-9 tried to purchase the land without paying the proper price but having failed to purchase the land in suit the defendant Nos. 1-4 out of vengeance......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: ......tion 91 of the Evidence Act, that the finding of the trial Court that because of the mistake of the scribe in Ext. Gha(2) and in Ext. Ga(9) plot No.8275 was written instead of plot No.8275 was not legally sustainable since the same was contrary to the provision of section 92 of the Evidence Act,..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....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: ......he qualification for being appointed in Grade-I and that he had only the qualification for being appointed in Grade-II and as such the appointment of the writ-petitioner in Grade-II was quite legal and in accordance with law." This Court did not find substance in the contention of the ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 11. Usually invoice value is the basis of assessment of custom duty but in order to prevent under-invoicing and over-invoicing by the importer or exporter either in a bid of avoid payment of proper duty or smuggle out foreign exchange, section 25(7) has been introduced providing power vest...... M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Mahfuzul Hoque, Golam Mostafa, Abul Kalam, Abdul Matin, Md. Shahid, Ujjal Chowdhury, A. Rahman, M/s. Hasan and Company, M/s. Asgar Oil Mills Ltd. M/s. F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahi......ds being at US$ 835.49 per metric ton (taking the invoice value of US$ 291 per Rim of 500 sheets) alleging that such arbitrary fixation of tariff value has been done without lawful authority and no legal effect. 2. The appellants as the importers opened the letters of credit No. 05940186-C..Category: Fiscal/Taxation Law | Date: | Hits: 107
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....or the petitioner could not point out any such misreading/non-reading of evidence or non-consideration of evidence/ materials on record. 8. We are of the view that the High Court Division on proper consideration of materials on record arrived at a correct decision and there is no cogent re......petition is dismissed. Ed. ......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. ..Category: Property Law | Date: | Hits: 34
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....anj were also returned without payment. 8. The Administrative Tribunal allowed the appeal in part allowing his salary for the period he actually served after reinstatement in service by the proper authority but dismissed his prayer for arrear salary. The Administrative Appellate Tribunal ......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......constitutional scheme of this country. It is an extra-constitutional dispensation. It is a temporary measure, a short-term arrangement. It meets only an interim need. When it leaves, it usually legalises all past actions for purposes of immunity, with the tacit acknowledgment that its interf..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Amirul K Chowdhury J Md. Joynul Abedin J Commissioner of Customs and others......Appellants Vs. Mohammad Ali................Respondent Judgment...... the customs duties and other levies on the basis of Tariff Value in the light of the notification dated 19-5-1999. 2. It was the contention of the respondent that Customs Authority acted illegally in assessing duties and other charges taking Tariff Value in proportionate rate and that ea..Category: Business or Commercial Law | Date: | Hits: 99
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nt and that in a large majority of cases the trial Courts invariably fix cases for ex parte hearing if the defendant fails to file written statement and such fixing for ex parte hearing is not proper because a case can be fixed for ex parte hearing only under Order IX, rule 6 and Order VIII,...... 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...... file written statement within two months. 2. The appellant, as plaintiff, filed the above suit seeking declaration 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..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....writ respondent filed affidavit-in-opposition stating that after independence of Bangladesh the industrial unit in question was vested in the Management Board by notification dated 26-12-1971 for its proper maintenance and management. Later it was handed over to the Bangladesh Steel and Engineerin......sion Judgment in Review Petition Here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Industries and a......shareholders from Bangladesh were prejudicial to the interest of Bangladesh. The High Court Division held that the impugned order dated 27-5-1987 was issued without any lawful authority and was of no legal effect and the shares of the company are liable to be released in favour of the writ petitione..Category: Business or Commercial Law | Date: | Hits: 114
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