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Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ...... or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." 21. On a number of occasions this court indicated the scope of the High Court Division to exercise the jurisdiction as provided in section 561A of the Code and its limitation. 22. In this connection t..Category: Criminal Law | Date: | Hits: 138
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......hat the learned Magistrate rejected the naraji petition and accepted the final report submitted by the police after investigation. The informant then moved the learned Sessions Judge in revisional jurisdiction and the learned Sessions Judge found a prima facie case against the accused petitioner..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......reation, amalgamation or unification of service can be done only through resort to the provision of Services (Reorganisation and Conditions) Act, 1975 (Act XXXII of 1975) and consequently in absence of that the impugned order of transfer dated 20-8-2000 corrected as 28-8-2000 is illegal......other and inter-changeable and inter-transferable. After publication of the impugned Act No. XX of 2000 the respondent was transferred. The respondent then moved the High Court Division in the writ jurisdiction challenging the transfer order and the vires of section 8 of Act No. XX of 2000 and a..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....nt agreed to pay Sheikh Fazlul Karim Selim 2% of contract value, i.e. 29 million Taka equivalent to 5,80,000 US dollars in July, 2000, that according to the verbal agreement, the informant paid him a total amount of Taka 2,99,65,500 by way of cheques at his residence, that by illegally demanding mon......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ther because in the aforesaid Case No. 34 there was another accused who was not a petitioner before the High Court Division and thus in quashing the proceeding the High Court Division went beyond its jurisdiction. 33. This Court by order dated 26th of February, 2008 granted leave to consider t..Category: Civil Law | Date: | Hits: 254
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......the suit challenging which the plaintiff moved the High Court Division in revisional jurisdiction which was summarily rejected and the plaintiff then obtained leave to consider whether in the absence of any express provisions for making counter-claim in the Code of Civil Procedure, which on......ery well be that a counterclaim, which is to be treated as a cross suit might not conform to all these requirements but this by itself is not sufficient to deny to the Court the power and the jurisdiction to read and construe the pleadings in a reasonable manner. If, for instance, what is r..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....res of land of RS Plot No. 6161 and 0.019 acres of land of RS Plot No. 6156, both of Mouja Halishahar, Police Station Bandar, Chittagong within 7 days and also challenging acquisition of the above total 2.85 acres of land in LA Case No. 1 of 84-85. 2. The respondent No.1 filed the above...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ling the writ petition in question and the Rule issued therein was therefore liable to be discharged summarily. It is also argued that the learned Judges of the writ court acted in excess of their jurisdiction in negotiating the price and directing the writ respondent Government to accept s..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....tion Commission. On enquiry, the appellant, Anti-Corruption Commission found that he concealed wealth of Taka 3,22,11,637 only. On enquiry it was also found that as per Income Tax returns up to 2006, total income of Mir Md Nasiruddin, his wife Dalia Naznin and his son the respondent, Barrister M......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......les, 2007 are applicable in this case and if Rule 11(1) and Rule 11(3) of the Emergency Powers Rules, 2007 are also applicable. Rule 11(1) relates to filing an appeal in the appellate Court of proper jurisdiction and Rule 11(3) of the Emergency Powers Rules, 2007 prohibits the granting of bail in a ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ...... filed Other Suit No.73 of 1994 for declaration that the appointment of defendant Nos.10-15 as teachers of the Thakurbari Junior Secondary Girls School is void, illegal, collusive and without jurisdiction and the appointment of the plaintiffs 1-8 is valid and legal. 3. The plaintif..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....eralist". 37. Madison writing in the Federalist stated that the three branches of the federal government were to be separate, each serving as a check upon the other. Although not totally separate, the viability of each branch was guaranteed by giving it sufficient power to defe......ip;……….......Respondents Judgment December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it ca......ings pending before the Division Bench of the High Court Division, there is no scope of applying the provisions of Section 561A of the Code of Criminal Procedure and the High Court Division had no jurisdiction to issue and dispose of the Rule". The learned Advocate Mr. Mahbubey Alam, Additi..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....Gha-2) and in the kabala (Ext.Ga-9 dated May 15, 1961) whereby Abdur Razzaque reconveyed the land which he purchased on July 26, I960 from Abdul Hamid plot number was mentioned as 8275, but in the totality of the facts and circumstances of the case the trial court arrived at the finding tha......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... as such plaintiff is entitled to the relief sought in the suit. 10. As against the judgment and decree of the appellate Court the defendant No.2 moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the findings that in..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......Respondent No. 5. The said matter being the subject matter for adjudication by the Administrative Tribunal, relief sought as against the said matter was not available to the writ-petitioner in writ jurisdiction of the High Court Division of the Supreme Court of Bangladesh. This Division while di..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......which the imports are usually made inasmuch as there is no legal requirement for having a nexus between the tariff value and international market value and local market value inasmuch in this jurisdiction which gave rise to a controversy between the parties requiring factual prove into the ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....ing .04 acres from Plot No. 50 in old Khatian No. 723, .03 acres from Plot No. 49 in Khatian No.722, .02 acres from Plot No. 32 in Khatian No. 543 and .03 acres from Plot No. 84 in Khatian No. 763 total measuring .12 acres originally belonged to Uttam Sardar, Uday Sarder, Khirod Baisnab and Basa...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
.... 17.06.95 transferred the case land to the pre-emptee, the respondent No.1, a stranger to the case holding; on notice about the above sale dated 17.6.95 not being served upon the pre-emptor he was totally ignorant of the transfer till 27.10.96; the respondent No.2 by sale deed dated 22.6.1996 ha......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. .......01.1989. On appeal, the court of appeal by judgment and order dated 29.08.1995 allowed the same and allowed prayer for pre-emption. The pre-emptee then moved the High Court Division in revisional jurisdiction and obtained the Rule. After hearing the High Court Division discharged the Rule...Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......dated 20-8-1982. On his prayer, unexpired portion of the sentence of rigorous imprisonment was remitted on 26-4-1984. Thereafter, he was reinstated in service by the authority and the period of his absence was treated as extraordinary leave without pay. The appellant accordingly, submitted joinin......he Administrative Tribunal, Bogra for getting financial benefits for the period of his absence from duty from 17-11-1981 to 31-3-1995 and also for a declaration that the Ministry of Finance had no jurisdiction to deny his pay and allowances since the date of his reinstatement in service on 1-4-1..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....te. That respondent proprietor of Messrs Bangladesh Traders opened a Letter of Credit on-January 13, 2000 to import 5,600 sheets of Standard Hard Board, B Grade, from Thailand @ US$ 2.01 per sheet totaling C& F value US$ 11,256.00; that on arrival of goods at the Chittagong Port respondent's......arned Advocate-on-Record, appearing for the respondent, submits that the assessment and imposition of proportionate value of the goods on the basis of tariff value instead of declared value in the absence of any tariff value in respect of the respondent's imported Hardboard of size and dimension......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....them were British and one of them was a Malaysian citizen and they were shareholders of Messrs Eastern Tubes Ltd. a limited company incorporated at Dhaka on 26-6-1964 holding 1,04,265 shares out of a total of 1,70,000 shares in the said company; 19,240 shares being held by Bangladesh Shilpa Rin Sang......s shares under PO No. 16 of 1972 and its further vesting and placing under the respondent corporation under PO No. 27 of 1972 were done without application of mind and without considering whether the absence of the shareholders from Bangladesh were prejudicial to the interest of Bangladesh. The High...... not immune from challenge. Refilling the appellant's contention that the writ petitioner-appellants' claim of shares in the company is a disputed question of fact which cannot be decided in the writ jurisdiction the High Court Division found that upto 30-12-1970 (Annexure-'O') the writ petitioner-a..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......s, the trial Court was in error rejecting the prayer for temporary injunction. 6. As against the order of the appellate Court, the defendant No. 2 moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division discharged the Rule upon the findings ..Category: Civil Law | Date: | Hits: 216
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