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Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....nspire a universal reprobation of the system. I persuade myself, however, that it will be made apparent to everyone that the charge cannot be supported, and that the maxim on which it relies has been totally misconceived and misapplied. In order to form correct ideas on this important subject it wil......amed as plaintiff or defendant or petitioner or appellant or respondent is "Bangladesh" as per provision of article 146 of the Constitution read with Section 79 of the Code of the Civil Procedure, in absence of any writ rules on the subject and the Law Officers including the Attorney General represe......cted against the judgment and order dated 18.02.2008 passed by the High Court Division in Writ Petition No.6219 of 2007 making the Rule absolute with direction. 3. The writ-petitioner invoked writ jurisdiction under Article 102(2)(b)(ii) of the Constitution by way of quo-warranto challenging the ..

Category: Constitutional Law | Date: | Hits: 207

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

..... 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........ 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.......adding him as co-applicant, which was rejected, since no deposit was made in terms and order passed on 4.6.2001 and against that the said opposite party No.7 moved the District Judge under revisional jurisdiction in Civil Revision No. 14 of 2004 and on contest the rule was made absolute setting asid..

Category: Property Law | Date: | Hits: 63

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

.....1 purchased from Shibulal Tanti 0.02 acres of land of Plot No. 1952 of Khatian No. 68, 0.35 acres of land of Plot No. 1905 of Khatian No.290, .05 acres of land of Plot No.1916 of Khatian No.429 i.e. total .06 acres, all within the said mouza Chandana by registered kabalas dated 24.01.1979 and appel......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......4 as held in 17 DLR 451, the above proceeding of Exchange Case No. 35/69-70 started on 24.07.1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was neve..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....there­fore 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.  ......ment or the Bangladesh Bank. Further no such complaint can be filed unless the person accused of such offence has been given an opportunity to show that he had per­mission to do the act which in the absence of permission would be a punishable offence under the Act. The "word" complaint as appearing......there­fore 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.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

.... facility under the system of monthly Payment Order (M.P.O.). As a result 80% of the salary of the teachers and employees are paid by and received from the Government. At present the Madrasa has in total 298 students in Dakhil and Alim classes and 217 students in different Ebtedai Classes (from c......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..

Category: Employment/Service Law | Date: | Hits: 146

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....s Annexure-D the privilege of exemption of interest granted to this petitioner stood cancelled long before" and "it should be mentioned here that this petitioner, admittedly, took loan of total taka 71,27,873.19 from the plaintiff bank and the plaintiff bank filed the suit in question ......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. ......ioner to move the bank authority and or the Court below for a favourable decision. In the premises the filing of and or continuation of the Artha Rin Suit in reference cannot be said to be without jurisdiction. There is no illegality in the impugned judgment and order. Accordingly, the lea..

Category: Civil Law | Date: | Hits: 136

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....ecovery of possession of the suit land; the plaintiff created some papers in favour of Hasan Khatun and inducted her into pos­session on .0550 decimals of land within the suit land including a total land of .06 18 decimals which was under the posses­sion of the plaintiff by force and for......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. ......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. ..

Category: Property Law | Date: | Hits: 132

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. ......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. ......…….. Respondents. Judgment June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points inv..

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. ......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. ...... obtain revision of a judicial order must submit to the Court instead of engaging himself in setting that judicial order at naught . . . When a person seeks remedy from a court of law, either in writ jurisdiction or criminal appellate, revisional or miscellaneous jurisdiction under section 561A of t..

Category: Anti-Corruption Laws | Date: | Hits: 211

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 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) 228. ...... 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) 228. ...... possession of defendant-petitioner effecting the registered deeds of gift. The High Court Division without materials on record treated the same as joint possession traveling beyond the revisional jurisdiction and thereby committed error of law in passing the impugned judgment which warrants int..

Category: Property Law | Date: | Hits: 92

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....on worth Tk. 35,11,000/- and accordingly submitted the bill, against which part payment of Tk. 30,00,000/- was made. Thus balance amount of Tk. 5,11,000/- remained unpaid against this bill. Thus, the total outstanding amount payable by the accused persons to the complainant petitioner stood at Tk.68...... as per proviso-B of Section 138 of the Negotiable Instrument Act, 1881 and further there being no service of legal notice no question of effective demand in the eye of law is in existence and in the absence any valid demand, the C.R. Case is liable to be quashed, and that the cause of action as all......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..

Category: Criminal Law | Date: | Hits: 163

Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)

....igh Court Division discharged the Rule for condonation of the delay. 4. Mr. S.N. Goswami, the learned Advocate for the petitioners submits that the accused Petitioner Md. Akhlas Hossain was totally unaware of existence of the case against him and at no stage of the proceeding a warrant of......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......d aware of the case but no publication was made to that affect. The failure of the Court below to publish a notification in a Bengali Newspaper has rendered the trail in absentia completely without jurisdiction and the order of conviction and sentence against the accused Md. Akhlas Hossain was w..

Category: Criminal Law | Date: | Hits: 126

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......in exercise of the trading function of Bangladesh Railway and not in exercise of sovereign power by the Government and the writ petitioner has no legal right and is not entitled to invoke the writ jurisdiction for enforcement of commercial contracts, the High Court Division acted without jurisdi..

Category: Civil Law | Date: | Hits: 149

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......িধি-৮) এর ৪(ক), (খ), (ঙ) ও (জ) ধারায় আনীত অভিযোগ সমূহ প্রমানিত হওয়ায়” which is apparently illegal and without jurisdiction. It is noticed that the authority formed enquiry committee without following the proced..

Category: Employment/Service Law | Date: | Hits: 118

G M M Rahman Vs. State, 2009, 38 CLC (AD)

....tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......e sentence having been passed by the learned Magistrate the appellate court was the Court of Sessions and not the High Court Division and as such the High Court Division acted illegally and without jurisdiction in enhancing the sentence of the appellant and thus the impugned judgment and order i..

Category: Criminal Law | Date: | Hits: 106

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......el for the petitioner submits that the High Court Division acted illegally in not directing the plaintiff respondent to revalue the suit in its correct perspective for the purpose of court fees and jurisdiction. He further submits that the High Court Division committed illegality in holding that ..

Category: Employment/Service Law | Date: | Hits: 104

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....uch exclusion must either be explicitly expressed or clearly implied." In the instant case we have found so far that the explicit expression as required for exclusion of jurisdiction of this court is totally absent. Of course, we shall deal with the implied exclusion later. We have in our own jurisd......earned Counsel submits that in the events of curtailment of the jurisdiction of this courts by way of a legislative measure the enactment must contain an explicit expression to that effect and in the absence of such expression it can safely be construed that this Court was excluded from the operatio......Rules this Court is precluded from exercising the power under Section 497 and 498 of the Code of Criminal Procedure. The submission made by the learned Deputy Attorney General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Crimina..

Category: Criminal Law | Date: | Hits: 101

State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

....not guilty and repeated their inno­cence. The defence did not however examine any witness on their behalf. 7. The defence case as could be gathered from the trend of cross-examination is total denial contending inter-alia that they have been implicated in this case out of enmity inasmu......sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ..

Category: Criminal Law | Date: | Hits: 68

Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)

....and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ...... The Pourashava by their memo No. 2694 dated 02.08.1987 asked the present respondent not to carry on with his construction, but of no avail. The present petitioner taking periodic advantage of her absence from her land completed his construction, encroaching upon her land. On 03.06.1988 a Salish......and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ..

Category: Property Law | Date: | Hits: 87

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....tribunal calculated that the respondent No.1 suffered a loss of Tk. 1,96, 400.00/- per day. However, rent was only awarded for 953 days (1553-600 days). The period of 600 days was deducted from the total of 1553 days because 600 days was stipulated in the contract as the period within which the w......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..

Category: Alternative Dispute Resolution | Date: | Hits: 344