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Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......n in due consideration of the Schedule of the preemption miscellaneous case and the Schedule of the impugned kabala. Thereafter, the opposite party No.1 made an application to the trial court accordingly on 26.7.2003 for issuing fresh writ of possession. The trial court passed the impu......Lawyers Involved: Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1185 of 2006. (From the judgment and order dated 15-03-2006 passed by the Hig......of stay granted earlier by the Court. Hence this leave petition. 6. Mr. Md. Nurul Amin, the learned Advocate appearing for the petitioner, submits that the High Court Division erred in law in not complying with the decision of Civil Revision No.890 of 2002 dated 15-03-2003 and the H..Category: Property Law | Date: | Hits: 27
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.272 of 2006. (From the judgment and order dated the 24th and 25th of October, 2005 ......dul Baset Majumder, learned Counsel, appearing for the petitioner submitted that the judgment and order dated 25.10.2005 passed by the High Court Division is neither proper nor in accordance with law; that the SRO notification dated 20.10.1998 enhancing the duty on grey Portland cement from 15% ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... findings on surmise, conjecture and extraneous circumstances for which the findings are liable to be struck down; that the High Court Division committed a grave error of Taw occasioning failure of justice in not finding to the effect that the appellate Court below committed illegality in r...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Suman Mia being dead his heirs; Zabeda Khatoon and others…...Plaintiff-Petitioners Vs. Falani Begum and others…&he...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re 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: VI ADC (2009) 772. ......nged and at the time of the filing of the pre-emption case the transfer dated 31.12.95, which was challenged, was not in existence due to the subsequent transfer made on 4.2.1996 to a co-sharer and accordingly the appellate Court on proper consideration of the evidence on record and proper ...... Nawab Ali, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-60. Civil Petition for Leave to Appeal No.1854 of 2007. (From the judgment and order dated 5.11.2007 passed by the High ......ned by the trial Court, reversed the judgment and the findings recorded by the court of appeal below are well reasoned and supported by evidence on record and are based on correct principle of law. 6. We are of the view that the High Court Division on proper consideration of the mater..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......of the matter the High Court Division committed no error of law in discharging the Rule and affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ...... Involved: Abul Kalam Mainuddin, Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 324 of 2006 (From the judgment and order dated 01.08.2005 passed by the High ......00/- as salami fixing Tk.800/- as annual rent. Since the plaintiff petitioner used to live with his father and other brothers in joint mess he acquired the suit land in the banami of his brother-in-law. Mon Monohar Golder, father of the defendant Nos.1 and 2 in the suit in order to avoid any..Category: Property Law | Date: | Hits: 32
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......f evidence on the issue as to proof of their status as agnatic relations to Achimunnessa; that the defendant-respondent's claim of inheritance comes within serial 19 of the table of residuary share according to Muslim Law of Inheritance by Mullah; that the respondents claim of being agnatic relati......re property duly and correctly recorded during R.S. and S.A.Khatian in the name of Achimunnessa and the plaintiff laid further claim by inheritance from Money Ali Khan, predecessor of the appellant to the extent of 36 acres from S.A. Khatian Nos.377, 378, 288 and 300 and by purchase from the defen......e defendants who entered into a compromise, disclaiming as district kindred their claims are barred by estoppel. The learned Advocate finally submitted that the High Court Division committed error of law by holding that the claim of inheritance made by the defendant has been admitted by not denyin..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
.... preserve of the High Court division under Article 102 (1)." 20. This Court also held that: "Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any......e commission, the Ministry of Communication and the Department of Roads and Highways made enquiries for a long time but did not find evidence of the failure of the writ petitioners before the PSC and accordingly the PSC Vide letter dated 22.9.86 vide annexure-F requested the Ministry of Communicatio......s. 71-72 of 2002) Vs. Md. Abdul Halim Miah and (3) others.....Respondents (In Civil Appeal No. 69 of 2002) Judgment May 4, 2003. Result: The appeals are allowed Cases Referred to- Bangladesh Vs. Azizur Rahman and other 46 DLR (AD)19; Bangladesh Vs. Shafiuddin Ahmed 50 DLR ......79 in serial Nos.115 to 183 therein (Annexure-'N') and the remarks under clause 9 of the gradation list against the names of the writ petitioner respondents to be unconstitutional, void and without lawful authority and further directing the writ respondent Nos. 1-10 to follow the final gradation l..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......e appellants) to the effect that the Indemnity Ordinance, 1975 was itself a void legislation. The High Court Division found all the reasonings in support of the said submission to be acceptable and accordingly held: "Considering the above, we hold that the Indemnity Ordinance N......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and others............Respondents (In both the appeal) Judgment April 19, 1998. Cases Referred to- Kay V. Goodwin; Surtees V Ellison; Dosso's case 11 DLR (SC) 1; Halima Khatun 30 DLR (AD......ct was void, illegal, ultra vires of the Constitution and of no legal effect and further that Dhanmondi P.S. Case No. 10(10) 96 dated 2.10.96 and Lalbagh P.S Case No. 11(11)75 dated 4.11.75 were unlawful and void. 3. The appellant who was a captain in the Pakistan Army in 1970 joined the..Category: Constitutional Law | Date: | Hits: 167
....thers reported in (2001) 8 SCC 344 wherein it has been held that;
"In cases where the decision making authority exceeded its statutory power or committed breach of rules or principles of natural justice in exercise of such power or its decision is perverse or passed an irrational order this Cou....... No.46(Kha)27 dated 02.01.2003 and the matter was also discussed in a meeting at Comilla by the relevant and competent committee who opined in favour of writ petitioner for awarding the contract and accordingly, the writ-petitioner submitted the pay order amounting TK.23,00,000.00 covering the ea...... No. 01 of 2005)
Judgment
July 19, 2009.
Result:
The petition under Article 104 of the Constitution is rejected. The Contempt Petition No.1 of 2005 is rejected. The appellant is ordered to refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of 12% per ......ate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law.
Cases Referred To-
Sharping Matshjibi Samabaya Samity Ltd. vs Bangladesh and others 39 DL..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....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. ......ction and the impugned order of conviction and sentence is illegal.” 7. In view 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. ...... Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Not rep......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. ..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ...... Respondents (In all the cases) Civil Review Petition Nos. 110-116 of 2008. (From the judgment and order dated 5.6.2008 passed by the Appellate Division in Civil Petition for leave to Appeal Nos.1630-1636 of 2007). Judgment ......t water, sewerage, ground rent etc against each shop and there is also clause in the covenant providing that if the petitioners failed to pay six months rent, the plaintiff can take the shelter of law to recover the rent and that the plaintiff always made delay in receiving rents and that the pl..Category: Property Law | Date: | Hits: 48
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....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: ......5;ক প্রাপ্তি সাপেক্ষে খালাসযোগ্য and accordingly as per provisions of section 198 of the Customs Act, 1969, on 9.4.2009, the goods were ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The Commissioner of Customs and others…………………….... Petitioners. ......hin the restricted list of the Import Policy Order 2006-2009 and accordingly the Customs Authority, held up the delivery of the imported goods and took steps to start proceedings in according with law; the respondents then made representations on 12.4.2009 and 22.4.2009 to the petitioners admitt..Category: Fiscal/Taxation Law | Date: | Hits: 62
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....High Court Division ought to have disposed of the Rule by awarding 25% solatium on the auctioned value to the auction purchaser as offered by the petitioners and that this Division, to do complete justice under Article 104 of the Constitution, may pass necessary order by awarding 25% solatium on......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: ......ate instructed by Syed Mahbubar Rahman, Advocate-on-Record. Nurul Islam, Advocate-on-Record-For the Respondent No.4 Not represented- Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 524 of 2009. (From the judgment and order dated 01.02.2009 ...... Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the People’s Republic of Bangladesh, represented by Secretary, Ministry of law, Justice & Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.... ..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so 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: ......on 19.8.2004 at his instruction a legal notice was issued to the petitioner No.1 whereupon he through his Advocate sent a reply on 28.8.2004 seeking another six months for repayment of the loan and accordingly he did wait for six months but the petitioner No.1 did not make any payment and hence t......09. Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 154 of 2009. (From the judgment and order dated 2.11.2008 passed by the ......lthough the petitioners failed to pay the loan money within the specified stipulated period and then within the extended period but in view of section 22 of the S. R. Act, the said failure does not lawfully entitle the respondent No.1 to get a decree for specific performance of contract for tran..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......Court and in view of the above and further since the defendant petitioner did not claim any land from the land of plot No.533 the prayer for local investigation for the second time had no basis and accordingly the trial Court was justified in decreeing the suit and the lower appellate Court, upon...... Not represented- the Respondents. Civil Review Petition No. 174 of 2008 (From the judgment and order dated 3.6.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1764 of 2007). Judgment &...... No.533 the prayer for local investigation for the second time had no basis and accordingly the trial Court was justified in decreeing the suit and the lower appellate Court, upon misconception of law and fact, reversed the judgment and decree of the trial Court. 3. It further appears the..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....e in its entirety was referred to the third judge for disposal. Hence the learned third judge having considered the case of only 6(six) convicts committed an error of law occasioning failure of justice. (b) the occurrence took place in the early morning on 15.8.1975. But the inform...... the Death Reference in part and dismissed the conviction and sentence so far it related to 5 accuseds including appellant Mohiuddin (Artillery) under Sections 302/34 and 120B of the Penal Code and accordingly, the Death Reference so far it relates to them was not accepted. 14. Mr. Khairu......ellip;………………………………..Respondent (In all the cases) Judgment November 19, 2009. Cases Referred to- Md. Shafi vs.The Crown 6 DLR (WP) 104 (FB); Abdur Razik v. The State, 16 DLR (WP) 73; H...... the telephone line and after he took the receiver the President told him to get in touch with the police control room immediately as some armed men attacked the house of Serniabat, his brother-in-law; while he was trying to connect the police control room, the President came down to his room an..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....ogies is usually prompted by social and cultural perceptions about the advantage of a particular technology or alternatively the scope of its misuse. 210. The challenges before the criminal justice system are to balance the rights of the accused while dispensing speedy and effective justi......ent’s oath taking ceremony. P.Ws. 15 and 47 also deposed that they saw them at Bangabhaban. Therefore, the learned second Judge has rightly believed witness P.W. 46 187. As it appears according to the prosecution story the appellants along with other accuseds arranged the para......e President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......e is no reliable evidence regarding Sultan Shahriar complicity in the murder of the President and members of his family; he did not go to House No.677 at Dhanmondi; the High Court Division erred in law in relying upon the testimony of P.W. 14 to prove his presence at the night parade at Balurgha..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....rutal and barbarous referring to and reminding us the tragic incident of "Karbala massacre" in the hand of devil forces of Yeazid. 342. They all in unison with chocked voice sought justice narrating the events unfolding the evidence and materials on record as to how brutally the ......tillery) and allowed his appeal being Criminal Appeal No.2617 of 1998 and the judgment and order of conviction and sentence passed by the learned Sessions Judge in respect of him was set aside and, accordingly, first learned Judge of the High Court Division set aside the judgment and order of the......ith other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child ...... Counsel, Mr. Ajmalul Hossain, Q.C., strongly voiced that role of Government vis-a-vis state as guardian of the people is to protect, safeguard and uphold the right and liberty of its citizens and law and order of the country. But after killing of the President, General Ziaur Rahman hijacked the..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....Act, ‘civil offence’ means an offence committed in Bangladesh triable by a criminal Court. Criminal Court has been defined under Section 8 (7) of the Act as a court of ordinary criminal justice in Bangladesh or established elsewhere by the authority of the Government. Section 59 of th......as he thinks fit. 480. In the case of Hethubha–Vs- State of Gujrat reported in AIR 1970 SC 1266, there was difference of opinion between the two judges of the High Court Division and accordingly the matter was laid to the third learned Judge under Section 429 of the Cr.P.C. In this......four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ...... all the accuseds i.e. where first learned Judge acquitted all accuseds and the second learned Judge convicted all, and secondly, when there is difference of opinion either on evidence or points of law leading to conviction under different provisions of law or acquittal of some of the accused pe..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....use were brutally killed. It was a bounden duty for Governments in power to institute a case for ascertaining the cause for the death if they had not supported the perpetrators and brought them to justice but in this particular case, the process of law was not allowed to take its own cours......Prime Minister take oath on the following amongst other terms: “That I will preserve, protect, and defend the constitution and that I will do right to all manner of people according to law, without fear and favour, affection or ill-will.” 631. Eve......ed by the defence in any manner. ......ngladesh and the Proclamation of Martial Law of 15th August, 1975. Whether or not an F.I.R could have been lodged even after the promulgation of the said Ordinance was a matter of interpretation of law but one would think for the second time to file any case on the face of promulgation of such O..Category: Criminal Law | Date: | Hits: 228
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