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....s of the separation doctrine. The separation of powers is merely the classical way of formulating the need for the shared and mutually controlled exercise of political power. What is colloquially, if erroneously, spoken of as the separation of powers is operationally only the distribution of specifi......§āĻ°ā§, āĻ¨āĻŋā§āĻ¨ā§āĻ¤ā§āĻ°āĻ¨, āĻļā§āĻāĻāĻ˛āĻž-āĻŦāĻŋāĻ§āĻžāĻ¨ āĻāĻŦāĻ āĻāĻžāĻā§āĻ°āĻŋāĻ° āĻ
āĻ¨ā§āĻ¯āĻžāĻ¨ā§āĻ¯ āĻļāĻ°ā§āĻ¤āĻžāĻŦāĻ˛ā§) āĻŦāĻŋāĻ§āĻŋāĻŽāĻžāĻ˛āĻž, ā§¨ā§Ļā§Ļā§. In view of Article 140(2) (b) of the Constitution, it was an indispensable requirement to consult with ..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....ion money and accordingly the required amount has been deposited within the extended time allowed by the Court, which aspect has not been considered by the High Court Division, and thus arrived at an erroneous decision and that the high court division erred in holding that the limitation provided fo....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....las in the year 1979 but the appellate court had computed the period of limitation from the date of knowledge of the plaintiff from 06.06.1992, when certified copy was obtained and this is absolutely erroneous and incorrect finding of the appellate court as regards their knowledge of the impugned ka......d Yousuf Ali respectively. The defendant got their Jama separated and their names duly mutated on the basis of those kabalas and the mutation case was contested by the plaintiffs. They also filed a review miscellaneous case No. 12/1979-80 against mutation of the names of Defendants. 4. The tr..Category: Property Law | Date: | Hits: 34
....he disputed property not being an enemy property, erred in law holding that the Government under Act XLV 1974 acquired the authority to execute the deed of settlement. The High Court Division upon an erroneous view of the provisions of Section 52 of the transfer of Property Act wrongly held that the......lam the learned Counsel appearing for the appellants in Civil Petition No.1759 of 2002 submitted that the appellant having prayed for declaration of title of the disputed land which became clouded in view of the judgment and order of the High Court Division dated 02.12.1991 passed in Writ Petition N..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....thereÂfore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ...... under section 4(1) (h) of the code of Criminal Procedure. Section 4(1) (h) reads as under: "4. (1)(h) "Complaint". Complaint means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this code that some person whether known or unknown, has committed a..Category: Fiscal/Taxation Law | Date: | Hits: 75
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 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: 17 BLT (AD) (2009) 314. ......nal market and as such the impugned judgment is liable to be set aside that section 25 of the Customs Act does not confer authority or to determine arbitrary and fictitious Tariff value and in that view of the matter the impugned judgment is liable to be set aside; that imposition of duty on th..Category: Fiscal/Taxation Law | Date: | Hits: 125
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 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) 1019. ...... provisions of the said rule in clause (1) does not provide a bar to prosecute, its intention being to protect the Government for the burden of bearing cost of the proceedings, particularly in view of clause (2) of the said Rule providing "Nothing in this Rule limits or otherwise affect..Category: Criminal Law | Date: | Hits: 116
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......ed the plaint, procured the Court Fees and then filed the suit, and in such circumstances it cannot be said that the suit as filed, was premature and that no cause of action arose for the suit, in view of the benefits allowed. The decision of the bank allowing benefits in reference to the appel..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in subÂstance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......f the record is Debattar property." 6. The High Court Division, accordingly, considering the facts and circumstances of the case rejected the application for vacatÂing the order of stay. 7. In view of the above, we find in subÂstance on the submissions of the learned Advocate for the petitio..Category: Tenancy Law | Date: | Hits: 214
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....t Division made the rule absolute. Hence this civil petition for leave to appeal. 5. Mr. M. Amirul Islam, the learned Senior Advocate for the petitioners submits that the High Court Division on an erroneous assumption of law of limitation concluded that in view of the above both the courts below ...... for leave to appeal. 5. Mr. M. Amirul Islam, the learned Senior Advocate for the petitioners submits that the High Court Division on an erroneous assumption of law of limitation concluded that in view of the above both the courts below utterly failed to decide the question of limitation that the..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....t into proceeding itself but material defects in substance of impugned judgment passed the High Court Division. The learned Advocate further submitted that the High Court Division upon an erroneous conception of law as well as of facts in discharging the Rule without any orde......spect of lease hold of shrimp khas land as per principle of present Government, moreover the present petitioners are very weak both by men and money with the strength of respondent No.1 and in view of the facts and circumstances made above to ensure transparency and accountability ..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......it 2 series are forged and concocted and were prepared in order to prove title in the name of the Zaminder inasmuch as in the cheque dakhilas there is no reference of patta number 6. In view of the above, we find no substance in the submissions of the learned Advocate for the pet..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ...... of the sale deed. He only proved the sale deed and payment of the consideration money. D.W.1 and 2 also could not state the plot and khatian numbers of the suit land. 16. Thus we are of the view that the judgment and order passed by the High Court Division suffers from no illegality..Category: Property Law | Date: | Hits: 158
Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD)
.... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ..Category: Constitutional Law | Date: | Hits: 228
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......t Division remanded the suit for a fresh trial purportedly on the ground that the suit involves complicated question of title as the Kabala deed dated 19.10.1995 was disputed by the defendants and in view of the findings of the appellate court below as regards the registered Kabuliats and patta viti..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ...... make for certainty, uniformity and predictability. These in turn provide the foundation of fairness in justice delivery system. âĻâĻâĻâĻâĻâĻâĻâĻâĻâĻâĻâĻâĻ.(9) The power of judicial review in the nature of writ of Certiorari is limited to judicial and quasi-judicial bodies, as ..Category: Anti-Corruption Laws | Date: | Hits: 211
Islami Bank Bangladesh Ltd. & Ors. Vs. Md. Sirajul Islam, 2008, 37 CLC (AD)
....donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ......rials in the paper book. The Judgment and order of the High Court Division has been passed upon due consideration of the materials on record. In the facts and circumstances of the case, we are of the view that the High Court Division has committed no error in discharging the Rule. There is no ground..Category: Civil Law | Date: | Hits: 109
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......pondent No.3 will suffer huge loss. As it appears in the background of the above submissions, the High Court Division disposed of the Rule with the directions stated above. 4. We are of the view that the High Court Division on proper consideration of th..Category: Civil Law | Date: | Hits: 191
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....oint income in the bank in his own name and as such, the finding of presumption drawn by the trial Court as well as the High Court Division that the suit property were the joint property is totally erroneous since the contrary has been shown by the defendant-petitioners, thus the trial Court as ...... exhibit-'Ka', 'Kha, and ‘Kha (1). The High Court Division as well on consideration of the material evidence including the Exhibits concurred with the finding of the trial Court. 6. In view of the above, the submissions of the learned Advocate for the petitioner deserve no considera..Category: Property Law | Date: | Hits: 99
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ...... any law or is otherwise bad in the eye of law. The imposition of the supplementary duty under the authority of Section 7 of the VAT Act being an official Act has due sanction of law. 5. In view of the above, we find no substance in the submissions of the learned Counsel for the petitione..Category: Fiscal/Taxation Law | Date: | Hits: 112
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