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K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......ant was re-scheduled by the plaintiff bank several times, the project loan again was turned into hire purchase sirkatul mulk at the request of the defendants, the defendants executed the agreement accordingly but the defendants did not pay the said amount till 31.01.1997. The plaintiff bank woul......awab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. None Represented- For Respondent Nos. 2-3 Civil Petition for Leave to Appeal No.723 of 2005. (From the judgment and order dated the 27th March, 2005 passed by......nt-respondents did not repay the amount due to the plaintiff bank. The cause of action for the suit arose lastly on 24.04.1997 and as such, the plaintiff bank has been forced to take the shelter of law for recovery of its good money amounting to Tk. 2,56,28,277.00 together with up-to-date interes..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....ct, 1957. Secondly, he contended that the appellant was not made a party in the confirmation proceeding and, therefore, the order of the Custodian authorities offends against the principle of natural justice. Lastly, he contended that the sale of agricultural land was prohibited under section 19 of ......y of possession of land in dispute to her. The learned Additional Custodian, by order dated the 8th August, 1958, on this application held as under:— "The land which has been duly transferred according to law is now the exclusive property of Mst. Razia Begum Alvi, who is admittedly a non-eva......nts Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction ......ghter of Lala Lachhman Dass. In 1940, she embraced Islam and married Dr. Zahiruddin Alvi. At the time of partition, Dr. Zahiruddin Alvi was posted at Larkana as District Health Officer. His mother-in-law and brother-in-law were also staying with him. They embraced Islam and started residing with res..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....tance and owning and possessing contiguous land in the suit and as such, the High Court Division without considering this aspect of the case has discharged the Rule illegally occasioning failure of justice. 5. It appears from the record that the Court of Appeal below on consideration of ......favour of the petitioner, the petitioner filed Title Suit No. 232 of 1970 in the Court of Madaripur for Specific Performance of contract and the suit was decreed up to the appellate Court and accordingly, the petitioner obtained a registered kabala in execution of the said decree, that fath......b Hossain, Advocate-on-Record-For the Petitioner. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented- Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 232 of 2006. (From the judgment and order dated the 11th December, 2005 passe......stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ..Category: Property Law | Date: | Hits: 20
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
.... two points. He first submits that the impugned SRO dated 11-10-2006 was promulgated with a view to bringing discipline in the Bangladesh Civil Service (General Education) Cadre by removing injustice and disparity in matters of service benefits between two groups of members of the same serv...... writ respondent Nos. 4-17 the government promulgated SRO 7 of 1992 providing for the syllabus and procedures for holding such departmental examination and foundation training. The writ petitioners accordingly having been appointed after the promulgation of SRO 7 of 1992 dated 12 January had the ......c of Bangladesh & another .........Appellants (In Civil Appeal Nos. 114 of 2008) Vs. B. M. Muhibur Rahman & others........ Respondents (In both cases) Judgment October 30, 2008. Cases Referred To- Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19; Sk. ......fication of the ad-hoc appointees and were thus arbitrary and discriminatory. On appeal, the Appellate Division observed that classification is not class legislation. The term "equality before law" should not be interpretated in its absolute sense to hold that all persons are equal in a..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ...... Government issued another SRO 260-Law/88/1143/Cus dated 6.8.1988 fixing tariff value and during the currency of this SRO the said imported goods arrived at the Chittagong port. The writ petitioner accordingly submitted bill of entry for clearance of the same and the customs authority assess...... Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The Collector of Customs, Customs House, Chittagong and others……Appellants Vs. M/......izanur Rahman, the Appellate Division also reviewed its decision in the case of Mostafizur Rahman Vs. Government of Bangladesh and others, 51 DLR (AD) 40 and rectified the same in the light of the law laid down in the aforesaid case of Mizanur Rahman. 8. In the case in hand, the question..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
....ve decision of the Administrator of Waqf, the Respondent No.1, thus the Respondent No.01 acted without lawful authority; that there being no other efficacious remedy the appellant served demand of justice notice and thereafter the concerned authority and the concerned person denied to secure jus......n 32 of the Ordinance. The petitioner not having taken any recourse to such provisions invoked Writ Jurisdiction under Article 102 of the Constitution; which is not in accordance with law and accordingly discharged the Rule. The decision reported in 28 DLR 333 was overruled by a celebr...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Safiuddin Ahmed ...........................Petitioner Vs. The Administrator of Waqf and others.........Respondents Judgment December 11, 2007. Cases R......rticle 102 of the Constitution and obtained the present Rule. 3. Mahbubey Alam, learned Counsel, appearing for the petitioner submits that the High Court Division Committed an error of law in holding that the petitioner if has any grievance against such appointment he could prefer ap..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......rned Counsel for the petitioner and found no merit therein for our interference with the impugned judgment and order. 12. But since this petition is also by way of public interest litigation and accordingly, we gave directions to RAJUK to clarify the status of the land proposed to be acquired a...... Hossain Chowdhury, Advocate-on-Record-For the Petitioner. A. F. Hassan Ariff, Senior Advocate, instructed by Ataur Rahman Khan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 588 of 2000. (From the Judgment and order dated 23rd May, 2000 passed by the High C...... the petitioner's rights and expectations by virtue of the lease deed along with the design map of the area at the time of the granting of the petitioner's lease. That the respondent Nos. 1-2 have no lawful authority to change the lay out plan except in accordance with law; the lay out plan prepared..Category: Property Law | Date: | Hits: 36
BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)
....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87......., Md. Abdul Hye, Md. Abdur Razzaque, Md. Marzi-ul Huq, Md. Nizamul Huq and A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......il Petition No. 2046 of 2008) Md. Idrisur Rahman, Advocate and others......Respondents (In Civil Petition No. 2056 of 2008) Judgment March 22, 2009. Lawyers Involved: Mahbubey Alam, Attorney General with Enayetur Rahim, Additional Attorney General, instructed by A. S.M. Khalequzzaman......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...Category: Constitutional Law | Date: | Hits: 233
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....terest against the said amount of bank guarantee. The learned Counsel further submitted that the learned Judge of the High Court Division committed a gross error of law occasioning failure of justice in finding that the port dues is to be paid not out of the sale proceeds of defendant vesse...... disposed of the said Civil Petition directing the parties to take steps for expeditious hearing of the suit before the High Court Division with the observation: "We accordingly accept the bank guarantee and direct the port authority to issue the no objecti...... Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager………………Petitioner Vs. ......has to pay huge amount of interest against the said amount of bank guarantee. The learned Counsel further submitted that the learned Judge of the High Court Division committed a gross error of law occasioning failure of justice in finding that the port dues is to be paid not out of the sale ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....uch the learned Sessions Judge in passing the order dated 19th July, 2007 acted unlawfully and without jurisdiction and the same order should be declared as illegal and void to secure ends of justice. It was also argued that the impugned order was an abuse of process of the Court since the ......ore the order passed by the learned magistrate was misconceived and beyond the authority under section 146 of the Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 ...... Md. Abdul Matin J Bangladesh Cooperative Book Society Ltd. Head Office, Niaz Monjil 922, Jublee Road, P.S. Kotwali, District-Chittagong represented its Manager and constituted Attorney Mohammad Rafiq, son of Late Mawlana Abul Hossen…………..Petitioner ......ead Office at Chittagong is owner of the disputed Shop No.9 situated, at Niaz Monjil, 922, Jublee Road, KotwaJi, Cnittagong. The respondent-opposite party No.1 Mohammad Dastagirul Haq was an unlawful occupant of the case shop and was a well known terrorist in Chittagong. It was also stated t..Category: Criminal Law | Date: | Hits: 32
Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)
....ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ......ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ......as Ziabul Haque….......Petitioner Vs. The State …………………………….....Respondent Judgment October 1, 2007. Lawyers Involved: Maqbul Ahmed, Advocate, instructed by A. K. M. Shahi......shy;er inasmuch as the allegations do not attract the mischief of section 25(B) of the Special Powers Act, 1974 and thus the charge framed against the accused petitioner is not maintainable in law. 6. We have heard the learned Advocate for the petitioner and considered the connect..Category: Criminal Law | Date: | Hits: 34
State Vs. Md. Rafique, 2007, 36 CLC (AD)
....at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......The State……........Petitioner Vs. Md. Rafique..........Respondent Judgment September 30, 2007. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represe......i Akanda, the learned Deputy Attorney General, appearing for the petitioner-the State, submitted that the case having been proved beyond all reasonable doubt, the High Court Division erred in law in commuting the sentence to imprisonment for life from sentence of death. He then submitted th..Category: Criminal Law | Date: | Hits: 22
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......und of the material on record and on due consideration of evidence reasons assigned in allowing the appeal, the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC......;…….. Petitioner Vs. Kalam Talukder and others…..........Respondents Judgment November 18, 2007. Lawyers Involved: Abdur Rouf, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Khondaker M...... General, appearing for the petitioner, submits that the prosecution having had proved the case beyond all reasonable doubts by good and satisfactory evidence, the High Court Division erred in law in allowing the appeal. He then submits that the High Court Division most illegally acquitted ..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......tainly have given direction to the Bank to stop payment and as such it can not be said that no offence is disclosed against the accused-appellant under Sections 406/420 of the Penal Code" and accordingly discharged the Rule. 6. Khondakar Mahbub Hossain, the learned Senior Advocate ap...... June 15, 2008. Lawyer Involved: Khondakar Mahbub Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Mohammad Ali Akanda, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. ......000/- and the balance amount would be paid in 6 equal monthly installments. The accused-appellant failed to keep his commitment as per the undertaking and thereupon the informant through lawyer served a legal notice on May 11,1998 and the accused-appellant replied to the legal notice d..Category: Criminal Law | Date: | Hits: 32
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....rned Advocate-on-Record appearing for the petitioner, submits that the learned Single Judge of the High Court Division committed an error of law resulting an error occasioning failure of justice in setting aside the judgment and decree of the learned Joint District Judge, 1st Court, Ra......and reasons to believe that the submissions of the learned Advocate for the petitioner have got no substance and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (200......dgment November 14, 2007. Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 478 of 2006 (From the judgment and order dated 03-08-2005 passed by the High ...... petitioner. 5. A.K.M. Shahidul Huq, the learned Advocate-on-Record appearing for the petitioner, submits that the learned Single Judge of the High Court Division committed an error of law resulting an error occasioning failure of justice in setting aside the judgment and decree..Category: Property Law | Date: | Hits: 37
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ...... Mosihuzzaman, Advocate instructed by Mr. Md. Nawab Ali, advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1589 of 2006 (From the judgment and order dated 14.05.2006 passed by the High......cate and perused the petition and the impugned judgment and order of the High Court Division and other paper on record. 10. The learned Advocate submits that the High Court Division erred in law in reversing the finding of the court of appeal below without assessing the materials on record..Category: Property Law | Date: | Hits: 21
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......ffirmed the same. 7. We find that the High Court Division has rightly discharged the Rule and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ...... Bashar, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1393 of 2006. (From the judgment and order dated 28.11.2005 passed by the Hig...... said Miscellaneous Case No.12 of 1997 by submitting written objection denying the contention of the pre-emptor in his petition, stating that the application for pre-emption was not maintainable in law, the same was barred by law and bad for defect of parties. The pre-emptor petitioner was not en..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......y;ble arrangement amongst themselves claimed the suit land within the limit of their title and possession in the suit land and so the plaintiff Nos.3 and 4 have locus standi to file the suit; that according to law if any portion of the auction sale land in rent execution case remains in the poss......gment February 5, 2008. Lawyers Involved Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.77 of 2006. (From the judgment and order dated the 3rd August, 2005 passed by ......ment amongst themselves claimed the suit land within the limit of their title and possession in the suit land and so the plaintiff Nos.3 and 4 have locus standi to file the suit; that according to law if any portion of the auction sale land in rent execution case remains in the possession o..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ...... in the matter of inheritance under the personal law but in a case of pre-emption this cannot be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-22. Civil Petition for Leave to Appeal No.1507 of 2006. (From the judgment and order dated 29.03.2006 passed by the High......igh Court Division the pre-emptee petitioner preferred the petition for leave to appeal. 9. The learned Advocate for the pre-emptee-petitioner submits that the court below committed error of law in not considering that the doctrine of propinquity of blood is the guiding principle for..Category: Property Law | Date: | Hits: 28
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....ession of the land of plot No. 1609 which is admitted by the plaintiff and without considering the findings arrived by the final court of fact on the said issue causing serious miscarriage of justice. 10. Against the judgment and order of the High Court Division dated 28.05.2007 the ......n the plaint and the deed dated 12.01.1968 in respect 0.33 acres of land is fabricated. The case of the defendant Nos.16-18 is that the heirs of Badia Sheikh got their respective shares in the land according to the law of inheritance. After the death of Rahimun Nessa the defendant Nos.1-4 became ...... Md. Abdul Matin J Md. Tazimuddin and others……………Petitioners Vs. Md. Mafizul Islam and others ......Respondents Judgment October 20, 2008. Lawyers Involved: Md. Awlad Ali, Senior Advocate instructed by Syed M......the deed dated 12.01.1968 in respect 0.33 acres of land is fabricated. The case of the defendant Nos.16-18 is that the heirs of Badia Sheikh got their respective shares in the land according to the law of inheritance. After the death of Rahimun Nessa the defendant Nos.1-4 became the owners of Ra..Category: Property Law | Date: | Hits: 28
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