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Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... The Penal Code, 1860 (XLV of 1860) Section 409 The Prevention of Corruption Act, 1947 (II of 1947) Section 5(2) The Criminal Law Amendment Act, 1958 (XL of 1958) Section 4 A fugitive from justice cannot obtain justice without surrendering to the due process of law. Case Referred To- ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... The Prevention of Corruption Act, 1947 (II of 1947) Section 5(2) The Criminal Law Amendment Act, 1958 (XL of 1958) Section 4 A fugitive from justice cannot obtain justice without surrendering to the due process of law. Case Referred To- Anti-Corruption Commission vs Dr HBM Iqbal Alamgi......rruption Act, 1947 (II of 1947) Section 5(2) The Criminal Law Amendment Act, 1958 (XL of 1958) Section 4 A fugitive from justice cannot obtain justice without surrendering to the due process of law. Case Referred To- Anti-Corruption Commission vs Dr HBM Iqbal Alamgir, 15 BLC (AD) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
....of the respondent No. 1 as per said clause-2 of the appointment letter of the respondent No.1 and, as such, the judgment and order of the High Court Division is liable to be set aside for the ends of justice. The learned Counsel finally submitted that from the plain reading of the impugned order of ......mittee, which after discussion, took the view that the allegation of adopting unfair means in the subsidiary examination against the respondent would not be deemed to be a bar for his appointment and accordingly, recommended the respondent for appointment and exonerated him from the complaint made b......committee under Dhaka University Order, 1973, can be reviewed and set aside only by a superior committee legally constituted when such appointment is terminated with stigma attached. Case Referred to- Controller of Examinations, University of Dhaka vs. Mahinuddin 44 DLR (AD) 305. Lawyers In......rdance with section 45(4) of the First Statutes of Dhaka University Order, 1973 but in the instant case the appellants had neither shown any grounds nor constituted any tribunal as per the relevant law. The learned Advocate further submitted that as per section 45(5) of the First Statutes of Dhaka..Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......iness communities and consumers, the Customs authorities fixed the indicative value of CDSO at US$ 575 per metric tonne and that when the bills of entry were submitted there was no tariff value and accordingly, the appellants did not commit any illegality in giving the directions to the responde......DLR (AD) (2010) 217. ...... prayer of the appellants made at this belated stage to allow them to determine normal value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried to extract money from the respondents by fixing "indicative value", is a foreign and u..Category: Fiscal/Taxation Law | Date: | Hits: 86
....C 149 Indian Supreme Court held as under:-
"The profession of lawyers is an essential and integral part of the judicial system and lawyers may figuratively be described as priests in the temple of justice. They assist the court in dispensing justice and it can hardly be disputed that without thei......RO No. ২৬১-আইন/৮৯/সম (বিধি-২)/এস,এস,পি-১/৮৯ dated 17.07.1989 the reservation of post for the officers belonging to cadre-services has been retained and accordingly for the appointments in the posts of the Deputy Secretaries and above, 75% of the posts ......Aftabuddin (Retired District and Sessions Judge) and another……...Respondents (In both the cases).
Judgment
December 17, 2009.
Result:
Both the appeals are dismissed.
Case Referred to-
Dr. Shahdin Malik Vs. Government of Bangladesh, Writ Petition No. 11739 of 2006; Bangladesh V...... of the Government and Kazi Habibul Awal, Secretary-in-charge of Ministry of Law, Justice and Parliamentary Affairs respectively having arisen from the self-same judgment involving common question of law and facts are heard and disposed of by this common judgment.
2. These two appeals are directe..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
.... appreciate the observation of the Appellate Division made on 5.5.2003 in Civil Petition for Leave to Appeal No. 328 of 2003 and thus the decision of the High Court Division has occasioned failure of justice. 8. We have perused the judgment passed by the Appellate Division referred to above a......dvocate, who, amongst others, submitted that under the provisions of section 148 of the Code of Civil Procedure the Court has ample power to extend the time for deposit of the consideration money and accordingly the required amount has been deposited within the extended time allowed by the Court, wh......he Petitioner. Munsur Habib, Advocate, instructed by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By the High C......r. We have also perused the provisions of section 96 of the State Acquisition and Tenancy Act. It appears that the provisions for pre-emption under the State Acquisition and Tenancy Act are a special law and specific time frame has been given for making application for pre-emption. There is also pro..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......rt Division further held that the plaintiff failed to prove by any cogent evidence that the questioned documents in favour of defendants were obtained by false personation and by practicing fraud and accordingly the court of appeal below wrongly shifted the onus on the defendants and it is the cardi......arifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by the High C......avour of defendants were obtained by false personation and by practicing fraud and accordingly the court of appeal below wrongly shifted the onus on the defendants and it is the cardinal principle of law that the plaintiff must prove his case and he is not to rely on the weakness or defects of defen..Category: Property Law | Date: | Hits: 34
....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.
......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.
...... deceased and others stating inter alia that they by kabala Nos. 1586, 1588, 1589 and 1600 dated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respectively purchased .54 acres of land appertaining to C.S. Plot No. 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 of mouza Chandana ......n No.159 of 1989 and the High Court Division, after hearing declared that the above orders passed by the Additional Divisional Commissioner, Dhaka and the Board of Land Administration are without any lawful authority with the observation that the question of title and ownership and validity of the d..
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. ......eign Exchange Regulation Act 1947. He further submits that the F.I.R. having disclosed a prima facie case under section 23 of the Foreign Exchange Regulation Act, 1947 and a charge having been framed accordingly the High Court Division erred in law in making the rule absolute by quashing the proceed...... The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney General) instructed by B. Hossain, Ad...... submits that the F.I.R. having disclosed a prima facie case under section 23 of the Foreign Exchange Regulation Act, 1947 and a charge having been framed accordingly the High Court Division erred in law in making the rule absolute by quashing the proceedings. He lastly submits that the facts and ci..Category: Fiscal/Taxation Law | Date: | Hits: 75
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. ...... 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. ...... 21, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 83 of 2007. (From the judgment and order dated the 1st day of February, 2007 ......d damage of his reputation valued at taka one crore only. 3. Mr. Md. Nawab Ali, learned-Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in misreading the petition of complaint which, apart from narrating the back ground of the case..Category: Criminal Law | Date: | Hits: 116
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....he Madrasa education it was competent to pass the impugned order in the interest of maintaining a reasonable standard of education imparted in the Madrasa. Consequently there has been a failure of justice. 8. Mr. Md. Nurul Amin, the learned Advocate for the respondents argues that the can......ing upon the concerned Madrasa authority to explain their position. We therefore find the impugned judgment 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 i......man and another…………………….. ....Respondents Judgment August 18, 2009. Lawyers Involved: Mrs. Nahid Yesmin, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Appellants. Md. ......9 with reference to a purported inspection report of an inspection team although the said Madrasa fulfilled all required conditions. Further the writ respondent No.2 had no competence in law to cancel the recognition and to stop payment under M.P.O. scheme. 3. The writ respondent..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)
....and prior to any default in the payment of two successive installments, as per the privileges allowed, filed the suit, which, therefore, is improper as well as against the principle of natural justice and bad in the eye of law. 6. Considering the fact and circumstances of the case, we...... bank. The petitioner hereof as principal defendant contested the suit by filing written statement asserting, amongst others, that it suffered loss due to devastating cyclone of 1997 and accordingly prayed for exemption of interest and that the plaintiff bank considered the prayer....... Lawyers Involved: Sirajul Islam Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed by the High......Court Division in Writ Petition No. 4219 of 2005 praying for a declaration that the continuation of Artha Rin Suit No. 73 of 2004, pending before the Artha Rin Adalat, Cox's Bazar, is without lawful authority and of no legal effect relying on the aforesaid grounds and that the High Cou..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance 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....... Managing Sebayet Ranendra Nath Bose and the Managing Sebayet let out the same to Mamnoor Rashid as a monthly tenant. Thereafter, the Managing Sebayet Ranendra Nath Bose went to India permanently and according to terms of Arpannama the father of the petitioner, Sujit Kumar Bose was appointed Managin...... Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1366 of 2008. (From the judgment and order dated the 5th day of June. 2008 passed b......er submitted that on the basis of Arpannama dated 01.05.1914 wherein the land is under mouza Purana Paltan Line, Natun Paltan Line under Police Station Keraniganj but the High Court Division erred in law in making out a third case that the petitioner's land is Debattar Property. The learned Advoca..Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....d possession was required to be upset by the High Court Division by adverting to and on proper discussion of the material evidence on point which was not done and as such there has been failure of justice. 9. We have heard the learned Advocate-on-Record and perused the connected papers in......aised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ...... Judgment June 4, 2009. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1440 of 2007. (From the judgment and order dated 7.3.2007 passed by the High ...... The plaintiff’s husband by withholding those papers and by creating false and collusive papers managed to get the land recorded in the name of plaintiff. One Achhiya Khatun is the mother in law of the plaintiff. The documents as referred by the plaintiff are without any consideration..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......e points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (200......rd-For the Petitioners. M. H. Khandkar, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 6. Not represented-Respondent Nos.1-5, 7-10. Civil Petition for Leave to Appeal No. 1307 of 2007. (From the judgment and order dated 28.03.07 passed by the High Court ...... 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 utterly failed to decide..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-65. Civil Petition for Leave to Appeal No. 237 of 2006. (From the judgment and order dated the 15th day of December, 200......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 order as to cost without giving an..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. ......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. ......rd-For the Petitioner (In both the cases) T. H. Khan, Senior Advocate, instructed by Md. Abu Siddique, Advocate-on-Record-For Respondents) (In both the cases) Civil Petition for Leave to Appeal Nos. 641-42 of 2008. (From the judgment and order dated the 24th day of February,...... is hit by limitation and Section 42 of the Specific Relief Act and defendant Nos.1 and 2 as heirs of their father Rosmoy datta, were the owners in possession of the suit land; the brother in law of the plaintiff filed Title Suit No.103 of 1996 for declaration that the document is void and ..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. ......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. ......oner. Shorful Islam Khan, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 241 of 2008. ......aced reliance upon the evidence of 3 defence witness. D.W.1 Anowar Hossain was the Attorney of defendant No.1 Azam Khan, purchaser of the suit land from the defendant No.2 he was the brother-in-law of defendant No.1. The said D.W.1 could not also state the boundary and plot number of the sui..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....c case mentioned in rule 23. The court may also order a remand in cases other than those covered under rule 23 and may do so also under section 151 of the Code if it becomes necessary for the ends of justice. Even the High Court Division can make an order of remand while exercising revisional jurisd......e appellate court below and sent the case back on remand to the trial court for fresh trial of the suit as a suit for declaration of title and partition by allowing the plaintiffs to amend the plaint accordingly giving a chance to the defendants to file additional written statement if they so requir......…………. Appellants. Vs. Jiban Nessa and others……………………………….. 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 jurisdictio......al Case No.1323 of 1955. 9. Leave was granted to consider whether remand of the suit for fresh trial as a suit for declaration of title and partition for the reasons stated above is sustainable in law when there is concurrent finding of fact by the trial court as well as the appellate court below..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....…Respondents. Judgment January 18, 2010. Result: The writ petitioner is directed to surrender. The order of stay will continue till the disposal of the writ petition. Fugitive from justice A fugitive from justice is not entitled to obtain a judicial order defying the process of......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. ......……………………………… Petitioner. Vs. Dr. HBM Iqbal Alamgir and others……………Respondents. Judgment January 18, 2010. Result: The writ petitioner is directed to surrender. The order of stay will continue till the disposal of the writ petition. Fugitive fr...... of the sovereign to 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 und..Category: Anti-Corruption Laws | Date: | Hits: 211
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....law in treating the suit lands as the joint property of me plaintiff and the predecessor of the defendant Nos. 1-3 without properly evaluating the evidence on record which has caused miscarriage of justice; that Balaram, predecessor of the defendant Nos. 1-3 was the Karta of the joint family and ......wo deeds dated 17.08.1981 and 11.01.1982 respectively and 0.83/4 acre of land was purchased in the name of Balaram Banik by two deeds dated 15.1 1.1980 and 11.11.1982 out of their joint income and accordingly, they had been jointly possessing the same; that Mondan Mohan was their full brother, h......un, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-11. Civil Petition for leave to Appeal No.73 of 2007. Judgment &nb......e and possession in the suit property. The suit should be dismissed. 4. Mr. Tabarak Hossain, learned Advocate, appearing for the petitioner submitted that both the Courts committed error in law in treating the suit lands as the joint property of me plaintiff and the predecessor of the def..Category: Property Law | Date: | Hits: 99
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