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Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....h and the date of filing the suit it is very much within the limitation period and therefore, there is error of law apparent on the face of the record which is required to be reviewed for the ends of justice. He furÂther submits that this court failed to appreÂciate the facts and circumstances of ......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......er. Not represented-the Respondents. Civil Review Petition No. 136 of 2009. (From the judgment and order dated 30.07.2009 passed by Appellate Division in Civil Petition for Leave to Appeal No. 1733 of 2008.) Judgment Surendra Kumar Sinha J. - The review petition u......ssistant Judge set aside the ex parte decree observÂing that the suit property originally belonged to C.S. recorded owner Azim Munshi, that the service of the summons was not made in accordance with law, that the heirs of Azim Munshi including Majom Ali were residents of Asam, India, and therefore ..Category: Property Law | Date: | Hits: 21
....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......cifically that the original allottee, namely, Imam Box lost control over the Building having left the same as uncared for and the said property was quite legally declared as an abandoned property and accordingly after the process and notice under Ordinance 54/85 and P.O.16/72, the Building in questi......public of Bangladesh and others…......Appellants
Vs.
Msst. Mostafa Begum………….....Respondent
Order
July 21, 2009.
Lawyers Involved:
Mahbubey Alam, Attorney General instructed by Md. B. Hossain, Advocate-on-Record-For the Appellants.
Abdul Wad......y of Works to mutate her name and then site applied on 7.9.1996 to the Ministry of Works to release her building from the list of abandoned bulling on the ground that no notice, as required under the law was served on her. The Ministry vide letter dated 12.1.1998 informed the petitioner to apply to ..
Category: Property Law | Date: | Hits: 21
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ...... in spite of the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, directed the appellant to hand over possession of the suit property to the defendant within 24 hours. 3. Being aggri......from the C schedule property only but not from either A or B schedule properties as menÂtioned in the plaint. 10. He further submits that the learned Judge in the High Court Division erred in law as well as in facts in not appreciating that the defendants were not evicted other than the suit..Category: Civil Law | Date: | Hits: 105
....ided to hear the matter afresh as two of its members being subsequently appointed, they were not aware of the contents of the earlier proceedings and felt that the entire matter be heard afresh to do justice.
10. The arbitration tribunal framed as many as 18 issues to decide the claim and the cou......ng to interfere with the judgÂment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......venue, Police Station-Tejgaon, Dhaka ...........Petitioner
Vs.
M/S. Saudi Bangladesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka repreÂsented by its Managing Director …...........Respondent
Judgment
March 1, 2010.
Cases Referred To-
Nand Ram Vs. Fak......did not deny the petiÂtioner's claim of the outstanding sale proÂceeds for the months of July and August, 2002 in the meeting held in the chambers of the petitioner in the presence of both parties' lawyers on 21.09.2002. Instead, at the meeting and thereafter, the respondent proposed various modes..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ...... servants fixing 25.11.2001 for further order. On 25.11.2001 the District Anti-Corruption Bureau, Sunamganj filed an application praying for time for submitting the order of sanction and the case was accordingly fixed on 15.01.2002 for receipt of the order of sanction, if any. On 10.01.2002 an appli......on receipt of the petition of complaint examined the complainant under Section 200 of the Code of Criminal Procedure and registered the case as Special Case No. 13 of 2001 and passed an order writing to the Government for sanction as out of 10 accused 6 were public servants fixing 25.11.2001 for fur......er provisions of Section 6(5) of the Criminal Law Amendment Act, 1958 it will be deemed that sanction was duly accorded but the learned Senior Special Judge did not follow the mandatory provisions of law and accordingly, refused to take cognizance against the public servants. He further submitted th..Category: Criminal Law | Date: | Hits: 46
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....and 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: 15 MLR (AD) (2010) 99. ......and 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: 15 MLR (AD) (2010) 99. ......Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 536 of 2008. (From the judgment and order dated 13.11.2007 passed by the High C......d it is only such accretion which took place after the coming into force of part V of the Act, to which sub-section (1) read with sub-section (2) of section 87, may apply. 5. This provision of law laid down by the Appellate Division cannot be disputed but the facts and circumstances of the in..Category: Property Law | Date: | Hits: 24
....lat passed the order for civil imprisonment ex parte without providing any opportunity of hearing to the judgment-debtor-the writ petitioner, which is ex-facie a violation of the principle of natural justice and thus the High Court Division acted illegally in passing the impugned order.
5. We......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......Involved:
Mozaffar Hossain, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 28 of 2008.
(From the judgment and order dated 05.12.2007 passed by the High Co......any view of the matter, the learned Judge of the Adalat committed no illegality in passing the impugned order of civil imprisonment rather, it appears to us that the impugned order is well founded in law. The learned Judge of the Adalat appears to have considered all the legal aspects.
In vie..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....espondent No. 1, thereÂfore, refused to refer the dispute to the Election Commission as required under Article 66(4) of the Constitution. 6. Each of the petitioners, thereafter served a demand of justice notice upon the respondent No. 1 but have not reÂceived any reply (Annexures G-G1). 7. T......aised by the petitioners in their letters dated 11.2.98 and 18.2.98 respectively, to the BanglaÂdesh Election Commission, under ArtiÂcle 66(4) of the Constitution, to hear and determine the dispute according to Act No. 1 of 1981, which he is bound by law to do, shall not be declared as illegal and......hondker Delwar Hossain……………………Petitioner Vs. The Speaker, Bangladesh Jatiyo Shangshad (Parliament)………………Respondent Judgment August 27, 1998. Cases Referred to- Rabi-S Naik Vs. Union of India AIR 1994(SC) 1558; Brundaban Nayak Vs. Election Commission of ......98 and 18.2.98 respectively, to the BanglaÂdesh Election Commission, under ArtiÂcle 66(4) of the Constitution, to hear and determine the dispute according to Act No. 1 of 1981, which he is bound by law to do, shall not be declared as illegal and without lawful authority. 2. The principal questi..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....e petitioners on several occasions made representations to the authority of Central Chemical Laboratory, Directorate General Control Directorate and lastly on 01.11.2007 served a notice for demand of justice upon the respondents requesting them to absorb the petitioners in the revenue budget as per ......project in the revenue budget which is the annexure-‘E’ to the writ petition. The Director General of Narcotic Control Directorate made a summary statement requesting the ministry of Home Affairs according to evaluation implementation, monitoring and evaluation department of the Ministry of Plan...... The People’s Republic of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka and others.….Respondents. Judgment October 25, 2009. Case Referred to- Budhan Vs. State of Bihar AIR 195 (SC) 191. L......lar of the government shall prevail and as because the post of MLSS is not yet sanctioned finally by the Secretary Committee. The claim of the petitioners to get absorb in the post of MLSS is without lawful basis and therefore, stands to be cancelled right way. The conditions No. 2 of the contract l..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
.....98 that the seats of the aforesaid members had not fallen vacant since they had neither resigned nor voted in the Parliament against their party (BNP). Each of the writ-petitioner than sent a demand justice notice upon on the speaker and thereafter field the writ petition raising various issues of ......e resigned". It is not the case of the reÂspondents, he submits, that the two members concerned had resigned from their party but it is their conÂtention that they will be "deemed to have resigned" according the their party constitution. The relevant proÂvisions of the Constitution of BNP provide......tariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999. Cases Referred to- Ghulam Muhammad Mustafa Khar Vs. Chief Election Commissioner of Pakistan, PLD 1969 Lahore......r voted in the Parliament against their party (BNP). Each of the writ-petitioner than sent a demand justice notice upon on the speaker and thereafter field the writ petition raising various issues of law. 5. The Speaker, who was respondent No. 1 in the writ petition, did not appear and file a..Category: Constitutional Law | Date: | Hits: 138
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......p silent at the present period of Eidul Fitar; that thereafter, all the accused persons in a planned way in order to murder armed with the ramdao, leza, lathi, etc. attacked the informant party; that accordingly, the informant ran towards his residence; that accused Khokon in order to murder gave ra......f 2009) Alamgir and another…………….Respondents (In Criminal Petition No. 264 of 2009) Order July 30, 2009. Lawyers Involved: Nazrul Islam Talukder, Deputy Attorney General, instructed by B. Hossain, Advocate-On-Record-For the Petitioners (In all the petitio......mity between the informant party and the F.I.R named accused persons including the conÂvict appellant number 1 over the landed property since long; that on 28.10.2003 at about 11 A.M. the brother-in-law, namely, Md. Kamrul Islam Sohel (25) and the cousin brother-in-law, namely, Md. Chunnu Mollah ca..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ......nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ........Petitioner Vs. Md. Shahid Bepari @ Shahidullah and others…………....Respondents Judgment November 23, 2009. Result: The petition for leave to appeal is dismissed. Lawyers Involved: A. K. M. Zahirul Huq, Additional Attorne......gment dated 17.01.2005 and as such the impugned judgment and order is not sustainable in their respect and on the other had, convicÂtion and sentence of accused Elas Bepari @ Aklas is sustainable in law." It appears that the findings of the High Court Division is based on proper appreciÂa..Category: Criminal Law | Date: | Hits: 294
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....the inherent power under Section 561A of Code of Criminal Procedure does not provide the Court with any additional power beyond what it possess under the law inasmuch as in the law under our criminal justice sysÂtem no inherent power is available to admit any accused or convict to bail when the bai......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......Huq, Senior Advocate (Ahsanul Karim, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 160 of 2009. (From order dated 14.01.2009 passed by the High Court Division in ......tioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. The learned Counsel submits that the High Court Division erred in law by enterÂtaining the application under Section 561A of the Code of Criminal Procedure from a fu..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......ivision while granting bail considered the health condition of the appellant respondent and granted bail and the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010)......y Commissioner, Dhaka….......Petitioner Vs Md. Chowdhury Alam…..........Respondent Judgment March 1, 2009. Lawyers Involved: Enayetur Rahim, Additional Attorney General instructed by Mrs. Sufia Khatun, Advocate -on-Record-For the Petitioner. Rafiq......hitened) under SRO No. 200-ain/2005. That property worth of Tk. 1,19,83,453/- is disproportionate to the latest income tax return filed by the respondent and his wife who have been acquired through unlawÂful means and beyond known source of income. During the enquiry it was found that the responden..Category: Others | Date: | Hits: 98
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......¦â€¦â€¦â€¦â€¦.Respondents Judgment March 10, 2010. Lawyers Involved: Md. Nawab Ali, Advocate on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 245 of 2009. Judgment ABM Khariul Haque J. - This is a petition for leave to ap......etition. The High Court Division also summarily rejected the petition. 4. Md. Nawab Ali, the learned Advocate-on-Record appearing on behalf of the petitioner, submits that the correct principle of law has not been reflected in the order passed by the High Court Division. 5. We have heard the l..Category: Banking Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......n behalf of the respondent the learned Advocate-on-Record Mr. Aftab Hossain submitted that as he has no instruction, he could not file the concise statement on behalf of the respondent-petitioner and accordingly he did not participate in the hearing. 8. The learned Additional Attorney General...... Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respondent Judgment October 28, 2009. Lawyers Involved: Khalilur Rahman, Additional Attorney General, instru......the gazette notification dated 18.11.1961 published on 30.11.1961 (Annexure-F to the writ petition) so far relates to the property detailed in the schedule of the writ petition is illegal and without lawful authority and of no legal effect. 5. The High Court Division in making the Rule absolu..Category: Property Law | Date: | Hits: 21
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......rent persons and the plaintiff as his son, inherited 3.64 acres of land. He earlier sold 0.26 acres to Hasan Ali, as such, the plaintiff is entitled to a saham to the extent of 3.38 acres and decreed accordingly. 6. Mr. Abdul Wadud Bhuiyan, the learned Advocate appearing on behalf of the peti...... Petitioners. Harunur Rashid, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. Civil Petition for Leave to Appeal No. 206 of 2009. (From the Judgment and order dated 10.03.2008 passed by the High C......d application was never considered although the case of this defendant-petitioner from the beginning was that he got 5.60 acres from Samiruddin, as such, the High Court Division committed an error of law and exercised his discretion unjustly in refusÂing to call for the volume on an erroneous groun..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
.... Judge of the High Court Division erred in law in reversing the judgment of the court of appeal below without dislodging the findÂings of facts and thereby committed error of law occasioning to that justice. The learned Advocate-on-Record further conÂtended that the learned Judge of the High Court......-petitioner will be at liberÂty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ...... Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 123 of 2009. From the judgment and order dated 52.5.2008 passed by the High Cou......d the Rule with a cost of Tk. 20,000/-. 5. Mr. Zainul Abedin, learned Advocate-on-Record appearing for the petitioner argued that the learned Single Judge of the High Court Division erred in law in reversing the judgment of the court of appeal below without dislodging the findÂings of fact..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....g been admitted by the defendant Nos. 2, 3 and 5, the learned Single Judge without considering the said admitted fact affirmed the judgÂment and thereby committed error of law occasioning failure of justice. 8. We have heard the learned Deputy Attorney General and perused the conÂnected pap...... No. 4 Obaid Jaigirdar contested the suit by filing written stateÂment denying the material allegations made in the plaint and contended, inter alia, that suit land is the government's khas land and accordingly the record was preÂpared. Defendant No.4 created a Trust for welfare and charitable pur......pellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others…………............f the High Court Division made the rule absolute. 7. Mr. Goutum Kumar Roy, the Deputy Attorney General for the petitioner subÂmits that the learned Judge of the High Court Division erred in law in not interferÂing with the judgment of the court of appeal below in failing to consider that ..Category: Property Law | Date: | Hits: 25
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....sponÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......d circumstances of the case and the evidence on record concluded that the plaintiff proved his case beyond reasonÂable doubt and the trial court held that the transaction was an out and out sale and accordingly decreed the suit. The learned Judge of the High Court Division also held "On considerati......Advocate, Instructed by Mohd. Nawab Ali, Advocate-on-Record-For the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by the High C......thus Section 95A of the S.A. & T Act, 1950 any conditional sale will be treated as usufructuary mortgage and hence the impugned judgment of the High Court Division suffers from misconÂception of law. The learned Advocate also submits that the High Court Division failed to appreciate the facts t..Category: Property Law | Date: | Hits: 21
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