Judgment search - Chancery Law Chronicles

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Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)

.... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ......w of the matter, the Advocate for the respondents was under a legal duty to watch out or to arrange for watching the items appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT......fia Khatun, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented- Respondent Nos. 2-8. Civil Petition For leave to Appeal No.1740 of 2006. (From the judgment and order dated 31.8.2006 passed by a Division......has not been made party which is a necessary party in accordance with section 3(2) of Rural Electrification Board ordinance, 1977. She next submits that the High Court Division erred in law in failing to consider that since the writ petitioner was removed from his post in compliance ..

Category: Election Law | Date: | Hits: 84

Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)

.... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ......he Petitioner. Nizamul Huq, Advocate, instructed by Md. Aftab Hossain, Advocate-in-Record-For Respondent No. 4. Not Represented-Respondent Nos.1-3. Civil Petition For leave to Appeal No.733 of 2005. (From the judgment and order dated 10.4.2005 passed by the High Co......tailing the part of the petitioner's area has been done without complying with the Rule 10 of the Muslim Marriage and Divorces (Registration) Rules, 1975 and as such the impugned judgment is bad in law and the same is liable to be set aside. 3. It appears that the petitioner was appointed..

Category: Constitutional Law | Date: | Hits: 108

Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)

....esaid provision of law and in the facts and circumstances of the case, we are of the view that the learned judges of the High Court Division rightly passed the impugned judgment in the interest of justice. We, therefore, find no illegality in the impugned judgment for our interference. In the af......e impugned judgment in the interest of justice. We, therefore, find no illegality in the impugned judgment for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 14...... Judgment July 23, 2005. Lawyers Involved: Golam Mohiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Fida M. Kamal, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-4. ......ce judgments in both the cases on the same date to avoid conflicting decisions to the prejudice of one party or the other. In such view of the matter, the High Court Division committed an error of law in directing to dispose of one case first and thereafter dispose of the other cases and thereby..

Category: Criminal Law | Date: | Hits: 31

Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)

....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......ccused petitioner created a forged deed and that a Title Suit No.3 of 1997 has been filed by the accused petitioner for correction of records and therefore A.D.C. (Revenue) should have filed the case according to law and since it has not been done, the case not being maintainable he was entitled to ......eferred To- 53 DLR (HCD) 19; 55 DLR (AD) 125. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal No. 106 of 2004 (From the judgment and order dated 23.02.2004 passed by the High Court ......oner created a forged deed and that a Title Suit No.3 of 1997 has been filed by the accused petitioner for correction of records and therefore A.D.C. (Revenue) should have filed the case according to law and since it has not been done, the case not being maintainable he was entitled to be discharged..

Category: Anti-Corruption Laws | Date: | Hits: 88

State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)

....died in his house in the night of occurrence and that in 35 DLR (AD) 119, the principle of law on the point of circumstantial evidence having been clearly laid down there had been a miscarriage of justice by passing an order of acquittal. 3. The learned counsel for the appellant sub......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ...... Cases Referred To- 35 DLR (AD) 119; State Vs. Manzoor Ahmed 18 DLR (SC) 444; Safdar Ali Vs. the Crown 5 DLR (FC) 107. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Abdul ......y improbable as the respondent, the husband of the victim, miserably failed to explain as to how his wife died in his house in the night of occurrence and that in 35 DLR (AD) 119, the principle of law on the point of circumstantial evidence having been clearly laid down there had been a miscarri..

Category: Criminal Law | Date: | Hits: 48

Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)

....conceived since the writ petition was disposed of in presence of the petitioner" which is an error apparent on the face of the record and, as such the judgment should be reviewed for ends of justice. II. Because Writ Petition No. 3419 of 2001 was summarily rejected upon hearing ...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......cord-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 25 of 2004. (From the judgment dated December 14, 2003 passed in Civil Petition for Leave to Appeal No. 2071 of 2001). Judgment ...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ..

Category: Property Law | Date: | Hits: 28

Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)

.... merit. 5. The practice and procedure follows by the Tribunal, whose functions are of judicial or quasi judicial nature, would not be or cannot be considered illegal or contrary to norms of justice unless the practice and procedure follows by the Tribunal is negation of justice or contrar......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ...... Begum Mahamuda………………………Respondent Judgment January 17, 2007. Lawyers Involved: Zainul Abedin, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur R......e followed by a Tribunal relating to matters ancillary or connected with the substantive function(s) for the performance or discharge whereof Tribunal has been established, have the force of law even if in the substantive Act by or under which the Tribunal has been estab..

Category: Administrative Law | Date: | Hits: 95

Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)

.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ......l……………………………Respondent Judgment November 28, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners. ......8.2002 around 2 0' Clock in the afternoon the detenu was brought to the Court of Chief Metropolitan Magistrate. An application praying for 5 days remand was prayed before the Magistrate, while the lawyer for the detenu made application praying for bail. The Metropolitan Magistrate rejected the p..

Category: Criminal Law | Date: | Hits: 109

Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)

....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......D) 215. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 991 of 2004. (From the judgment and order dated 2.5.2004 passed by the High Co......al. Then on revision the High Court Division, after hearing, discharged the Rule. 3. The learned counsel appearing for the defendant/petitioners submits that the High Court Division erred in law in not considering that the plaintiff did not implead all the co-sharers in the suit; there be..

Category: Property Law | Date: | Hits: 26

Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)

....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......filing two sets of written statement denying the material allegations made in the plaint and contending, into alia, that the S. A. recorded tenants left the suit property without paying any rents and accordingly Abandoned Case No. 437 of 1966 was started under section 92 of the State Acquisition and......ata Bigraha reported in 36 DLR 4716 DLR (SC) 457 Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 359 of 2005. (From the judgment dated 14.1.2004 by the High Court Division passed i......ect of plaintiff No. 2 there is no description as to how he became a co plaintiff to get a declaration that the declaration that the suit property as debottor property; it is the settled principal of law that the Deity has a legal character and accordingly it can sue and be sued and can also maintai..

Category: Tenancy Law | Date: | Hits: 147

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

....ly situated should be dealt with similarly and as such the discriminatory treatment in not making the appellant's employment on regular basis could be remedies even in the principle of doing complete justice. 14. The learned Deputy Attorney General has submitted that the appellant having been ap......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......H.P. v. Nodha Ram, SCC pp. 478-79. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam, Advocate-on-Record- For the Appellant. Anwarul Azim Khair, Deputy Attorney General, instructed by Firoj Shah, Advocate-on-Record-For the Respondents. Civil Appeal N......establishment by issue of orders retrospectively and giving retirement benefits provided they had the prescribed length of service, the learned Administrative Appellate Tribunal committed an error of law in holding that the petitioner being a work charge employee is not entitled to get pension benef..

Category: Administrative Law | Date: | Hits: 136

Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....of 2002 and the learned District Judge, Bogra, after hearing, dismissed the appeal holding that no notice to show cause was issued before suspending the plaintiff and thereby principles of natural justice was violated and the charges leveled against the plaintiff were also not proved. The defend......wmK e¨vsK) miKvi wbqwš¿Z we‡klvwqZ e¨vsK| eZ©gv‡b GB e¨sK `yBwU‡Z miKv‡ii †kqvi gvwjKvbv h_vµ‡g 94.5% I 100 %" and accordingly in view of the above circular the defendant Bank became a commercial bank under control...... Md. Arab Ali 7 BLC (AD) 1. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Division in C...... the above circular the defendant Bank became a commercial bank under control of the Government and 94.05% share of the defendant bank being held by the Government the High Court Division erred in law in setting aside the judgment of the courts below treating the defendant bank as an ordinarily ..

Category: Employment/Service Law | Date: | Hits: 84

Abdul Huque and others Vs. State, 2007, 36 CLC (AD)

....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......e is no proceeding that may be quashed under section 561A Cr.P.C.". Accordingly before taking of cognizance of a case by the competent court or tribunal a proceedings cannot be said to be pending and accordingly a proceeding cannot be quashed unless cognizance in respect thereof has been taken and p......nior Advocate, Mvi. Md. Wahidullah, Advocate-on Record - For the Petitioners (In Criminal Petition No. 239 of 2004) Not represented -Respondents (In all the cases) Criminal petition For Leave to Appeal Nos. 262, 237 & 239 of 2004. (From the judgment and order dated 17.5.2004 passed b......mmon judgment and order dated 17.5.2004 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7253 of 2000, 1837 of 2000 and 1847 of 2001 discharging the Rules and common questions of law being involved in all these petitions, the same are disposed of by this judgment. 2. Crimina..

Category: Anti-Corruption Laws | Date: | Hits: 152

Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)

....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......��…………………………………………………Respondents Judgment March 14, 2005. Result: The appeal is allowed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by B. Hossain, Advocate -on-Record-For the Appellant. Abdul Wadud Bhu......t-in-opposition. The High Court Division after hearing made the Rule absolute. 3. Leave was granted to consider the submissions that the High Court Division not being the court of appeal erred in law in interfering with the findings of fact arrived at by the Court of Settlement and that during t..

Category: Property Law | Date: | Hits: 28

M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)

.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......s………………………Appellants Vs. Shafiuddin Ahmed and others……….........Respondents Judgment October 18, 2005. Case Referred to- 31 DLR (AD) 195. Lawyers Involved: M......y evidence on record wrongly set aside the judgment of the trial Court, whether the High Court Division proceeded on the wrong premise that in deciding the suit the trial Court was not aware of the law enunciated in the case reported in 31 DLR (AD) 195, since had the trial Court was not aware of..

Category: Property Law | Date: | Hits: 30

Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)

...., Noakhali should not be allowed to proceed and this Court under this peculiar circumstances may act under Article 104 of the Constitution of the People's Republic of Bangladesh to meet the ends of justice. It is also submitted that fresh trial of the petitioner is improper when he had suffered i...... jeopardy if life or limb, nor shall be compelled, in any Criminal Case, to be witness against himself......." The word "prosecuted" as mentioned in Article 35(2) above means according to Black's Law Dictionary, 7th Edition by Bryan A. Garden, Editor-in-Chief "to comme.........Appellant Vs. Sessions Judge, Noakhali having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referred to- State Vs. Golam Mostafa and others, 49 DLR (AD) 32; Yousuf Ali Mollah Vs. King, AIR 1949......Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing the proceedings against the appe..

Category: Constitutional Law | Date: | Hits: 109

Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)

.... rise to the present appeal. 6. Mr. Md. Nurul Islam Bhuiyan, the learned Advocate-on-Record for the appellant submits that the impugned judgment has caused irreparable prejudice and miscarriage of justice in sending the case back to the Chief Metropolitan Magistrate to take action in compliance w......after registered and numbered as S.T. Case No.381 of 1999 by the Metropolitan Sessions Judge and was eventually sent to the third Court of the Metropolitan Sessions Judge for disposal. The said court accordingly framed charge against the accused husband under sections 302 and 201 of the Penal Code a....................................Appellant Vs. Md. Rafiqul Islam and others….....................Respondents Judgment March 7, 2007. Result: The appeal is allowed. Cases Referred to- Badsha Mia and others Vs. The State, 10 DLR (1958) 412; S.A. Sultan Vs. The State and another......strate for taking necessary actions after complying with the requirement of section 200 of the Code of Criminal Procedure apparently suspending the proceedings of the said Sessions case is tenable in law. 9. Some important facts are now recapitulated by way of reiteration in the interest of the p..

Category: Criminal Law | Date: | Hits: 105

Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......desh as owner of the land in question i.e. C.S. and S.A. Plot No. 24 corresponding to R.S. Plot No. 30 and as such the land in question was not shown, enlisted as enemy and vested property and that accordingly the R.S. survey map of Mouza Paikpara No. 37 sheet no. 1 Revenue Survey No. 763 was prep...... The Government of the People's Republic of Bangladesh and another.......... Respondents (In both the Appeals) Judgment August 14, 2004. Result: The appeals are allowed. Cases Referred to: Nittya Gopal Roy Barman vs. Pran Gopal Nandi and others 32 DLR 11; Lazmi Kanta Roy vs. Upazil......als by leave arise out of the judgment and order dated 23.7.2000 passed by the High Court Division in Writ petition Nos.3002 and 3029 of 1999 and in both the appeals similar facts as well as point of law are involved, those were heard analogously and are disposed of by this single judgment. 2. I..

Category: Property Law | Date: | Hits: 40

Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)

.... Court Division has correctly assessed the evidence and considered the facts and circumstances of the case and recorded the conviction and committed no error of law causing any miscarriage of justice in accepting the death reference in part. We find no reason to interfere with the j......on and committed no error of law causing any miscarriage of justice in accepting the death reference in part. We find no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported i......State...........................Respondent Judgment May 4, 2008. Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioners. Zahirul Hague Zahir, Deputy Attorney General-For the Respondent. Jail Petition for Leave to Appeal Nos. 07 and 08 of 2005 ......e are of the view that the High Court Division has correctly assessed the evidence and considered the facts and circumstances of the case and recorded the conviction and committed no error of law causing any miscarriage of justice in accepting the death reference in part. We find no ..

Category: Criminal Law | Date: | Hits: 33

Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)

....and get the disputed L.T.I, examined by expert without setting aside the judgment of the appellate court and without sending back the appeal on remand and as a result there has been miscarriage of justice. No other point has been urged by the learned Counsels. 8. Section 107 of the Code of......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......ected against the common judgment and order dated 22.04.2002 passed by a Single Bench of the High Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment. 2. Short facts are that the pl......er the submission that while keeping the judgment reserved the impugned direction to the lower appellate court to perform some jobs which is not in siesin of the matter, is not sustainable in law and the submission that while exercising revisional jurisdiction, the High Court Division ..

Category: Property Law | Date: | Hits: 106

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