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....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......e that the writ petitioner cannot claim anything else than damages if the contract has been unlawfully cancelled and that there cannot be any specific performance of the contract even in the writ jurisdiction. The learned Counsel further submitted that the Government having invited Tenders and t..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....d the respondent Tahsilder to be absent from his Tahsil Office. On verification of the cash book and pass book of the Tahsil Office it was also detected that the respondent Tahsilder had deposited in total Tk.32,483/58 upto 8.3.90 whereas he had collected Tk.53,621.39 since 16.7.89 to 28.3.90 and th......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ...... 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abd..Category: Criminal Law | Date: | Hits: 63
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....ustoms authority framed a committee to release the imported goods subject to turn those goods as scrap in presence of the committee in the private ICD, Chittagong but the respondent suppressing the total facts filed the instant writ petition for illegal gain and since the respondent imported the ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....lants on dock were examined under Section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence case as could be gathered from the trend of cross examination is total denial and that the appellants are innocent and the occurrence did not take place in the mann......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......tigating agency to investigate the cases and whether sanction under section 196A was necessary. The matter was then laid before a third Judge. The third Judge held that the Magistrate acted without jurisdiction in allowing the investigating agency to investigate into the matter and accordingly he..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....ncer) was taking the President down from the first floor is based on no reliable evidence on record and further the recognition of Mohiuddin (Lancer) by the witnesses at the place of occurrence is totally absurd and unbelievable story and further the evidence on record about the presence of Bazl......ndker Mostaqe Ahmed. Records also show that Lt. Col. Momen, the Commanding officer of 1st Lancer Unit was on leave up to 15th August and Farooque Rahman, as 2.I.C of the said unit by utilizing the absence of Col. Momen took control of 1st Lancer Unit and he in collusion with near relation Major ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....ens and law and order of the country. But after killing of the President, General Ziaur Rahman hijacked the constitutionally guaranteed rights and liberties of the citizens, justice delivery system totally failed and collapsed after proclamation of the Indemnity Ordinance, 1975 and the aggrieved ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......ed a common leave granting order on five grounds, which have been reproduced by my learned brother Md. Tafazzul Islam, J in his judgment. 374. As regards the first ground as to the scope and jurisdiction of third learned Judge, Mr. Khan Saifur Rahman, the learned Advocate for the appellant..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... 487. In the case of Ahmed Sher–Vs- Emperor reported in AIR 1931 Lah 513. In this case there is difference in opinions against some of the accused persons. There are in total 41 accused persons. First judge convicted 9 accuseds under Sections 325, 149 and 147 of the I......-Martial. It was contended before the Supreme Court that before trial of the Court, Section 549 of the Cr.P.C. has not been complied with. The Supreme Court dismissed the appeal holding that in the absence of exercising discretion by the designated officer as to the forum of trial, the Army Act ......ed, it was open to the third Judge to decide the appeal by holding that the accused was not guilty by considering the case on merit.” 484. While commenting on the scope and jurisdiction of the third learned Judge the Supreme Court of India in the case of Sajjan Singh&ndas..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....eath as per provisions of Section 174 of the Code. It is also the duty of the police officer to submit the inquest report forthwith to the Magistrate. In this case these procedures have been totally ignored by the police officer, which speaks volume about the motive of the then Government......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ...... duty upon this Court to address the Constitutional issues arising in these appeals and not to make them by reference to merely to statutory laws, competing statutory laws or precedents of foreign jurisdictions, in disregard of , or without adequately considering the provisions of the Constituti..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....ion that Major Mohiuddin (lancer) has taken Bangabandhu down from the first floor is based on no reliable evidence on record and that his recognition by the witnesses at the place of occurrence is totally absurd and unbelievable story. In this connection learned counsel has drawn our attention t......family. Learned counsel submitted that the learned Judges of the High Court Division erred in law in relying upon the testimony of P.W. 14 about his presence at the night parade at Balurghat in the absence of any other corroborating evidence and thus, his conviction for the charge of murder was ......cretionary” has not been used in this clause of the Article as has been used in the corresponding Indian provision, (Article 136) but in view of the powers given to this Court to exercise the jurisdiction, if it grants leave from the judgment, order or sentence manifestly suggest that this..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....the suit is not barred by limitation is quite legally sound since the suit was filed within 12 years from the date of dispossession and the finding of the trial Court on the question of limitation is totally incorrect since the same was made against the provision of law as in Article 142 or 144 of t...... a collateral evidence of title the appellate Court was in error in setting aside the judgment and decree of the trial Court, that appellate Court having had not discussed the evidence and in the absence of non-discussion of the evidence, correct decision in the background of the facts and circu......plaintiff have not brought on record any material. 8. The defendant/defendants of the respective suit as against the judgment of the appellate Court moved the High Court in revisional jurisdiction and obtained Rules in the aforementioned civil revisions. It was the contention of the ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....n by the Sangstha and as per drawing approved by Nippon Kaiji Kyokai as Surveyor and deliver the same to Tapashee. The price of each coaster shall be Taka 47,87,500 and the total price of the 2(two) Coasters will be Taka 95, 75,000. Out of this amount the Sangstha will pa......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......liance with the notice under Article 32, an officer of the Sangstha generally or specially authorised by the Board in this behalf, may apply to the District Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business, ..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......he plea that he took lease of the same from the e Government. The writ respondent No.1 dismissed the case, against which the writ petitioner unsuccessfully moved the High Court a Division in writ jurisdiction. 3. Leave was granted to consider the submission that Title Suit No. 984 of 1980 hav..Category: Property Law | Date: | Hits: 32
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
...., called the nisab. Nisab differed with different kinds of property, the most important being 200 dirhams or 52½ tolas (nearly 21 oz.) in the case of silver, and twenty mithqals or 7½ totals (nearly 3 oz.) in the case of gold. The nisab of cash was the same as that of silver or gold......that the Income Tax law, being a secular law was only concerned as to whether the payment of 'Zakat' was wholly and exclusively for the purpose of business of the petitioner and that there was absence of religious and moral aspects of nonpayment of 'Zakat' and consequences of non-payme......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......eeding without hearing them and so that impugned order of the High Court Division directing the respondent No.2 to hand over possession of the said Holding No.59/1 to the respondent No.4 is without jurisdiction. 5. Mr. Mohammad Ali Akanda, the learned Counsel for the respondent Nos.1-2, submitt..Category: Criminal Law | Date: | Hits: 62
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....No. ME (Admin-3) recruitment 1/2004-1055 dated 12.07.2004 decided to filled up 70% vacant post of class III of different collectorate. The Divisional Commissioner, Chittagong after ascertained the total member of vacancies decided in a meeting to filled up 70% vacancies of Class III and IV emplo......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......no.4 has submitted that the petitioner has managed Governing Body to take over the charge of Principal violating fundamental right, Rules and procedure of the College, he has submitted that in the absence of the Principal, Vice Principal of the College will be given the charge of the Principal. ......or appointing the Principal of Abdul Jabber College, Borhanuddin, Bhola as per Article 4(Ka) of Non Government Decree College Teachers Services Regulations, 1994 is illegal, malafide, without jurisdiction and is of no legal effect. 6. He has further submitted that the respondent No..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....he Judges of both the divisions have the privilege to call upon the Attorney General to address them on any important legal or constitutional issues involved in any case pending before them. The some total of the principle is that the government through its principal law officer shall always be avai......filed leave to appeal being aggrieved by the findings of the High Court Division made against their respective personal status and positions as the learned Judges of the High Court Division, in their absence without any notice of the rule to them or even without impleading them or any relief sought ......s expressing lack of their standing to maintain the leave petition passed by my brother, Matin, J, holding- “This follows that the High Court Division is a unit of this Court with a co-ordinate jurisdiction and one Judge or a group of Judges can not challenge the judgment passed by another Jud..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....nate Judge, Dhaka for realization of rent with compensation and other reliefs, which is pending; that the defendant also did not pay rent for the period from January to September, 1995 amounting to total TK.13,25,136.00; that the defendant did not clear up the said dues despite repeated requests ...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 110
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......s have not been stated in the plaint. In view of the matter the plaintiff-petitioner should have taken such opportunity to amend the plaint either in the trial Court or appellate Court, but in the absence of any reference of such facts or documents in the plaint, while disposing this revision ca...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....hereafter, upon requisition by the A.D.C. (Rev), Noakhali, the petitioner’s company further placed TK.30,000.00 to the said Rehabilitation Committee and thus the petitioner’s company in total paid TK.1,72,000.00 in excess for eviction and rehabilitation of the unauthorized occupants o......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
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