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Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

....e J    AHM Shamsuddin Choudhury J Selim Hossain (Md.)...………………..............Petitioner   Vs. Shahabuddin Ahmed and others .............Respondents Judgment        &nb......n is a nullity and such nullity, in no way, is curable or immune from being challenged. The orders of the High Court Division declar­ing the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purcha..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)

.... Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions speci­fied in the second schedule and to the provi­sions of any enactment for the time being in force, all suits of a civil nature......ior Assistant Judge, 4 Court, Narayanganj in Title Suit No. 11 of 2008 decreeing the suit should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be, briefly, stated as fo..

Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....ported in: 67 DLR (HCD) (2015) 191 ...... the fundamental rights guaranteed under Articles 26(1)(2), 27 and 31 of the Constitution (annexure-"A”) and/or pass such other or further order or orders as to this court may seem fit and proper". 2. The averments figured in the writ peti­tion, in generating, are as follows..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)

....66 DLR (AD) (2014) 162. ......s to be determined on seven tests -  (i) the existence of debt, (ii) the period of payment-a short period being indicative of a sale and a long period of a mortgage; (iii) possession of the property, the continuance of the grantor in possession indicating a mort­gage; (iv) existence or..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15

Anti-Corruption Commission Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another, 2014, 43 CLC (AD)

....ab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Anti-Corruption Commission........................Petitioner Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another...........Respondents Judgment January 27, 2014.    Result...... source of income, he may be prosecuted and convicted under section 27(1)......(5) The accused-respondent was also convicted under section 27(1) of the Ain on the reasonings that he had acquired properties which were beyond his known source of income, and said properties were also confis­ca..

Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 10

Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)

....ana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Abdul Hakim (Md.)………………….Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment Ja......ve decision was noticed with approval in the case of Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this civil petition f..

Category: Property Law | Date: 20 Jan, 2014 | Hits: 44

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....ri Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj Uddin Ahmed Vs. AKM Saiful Alam, 56 DLR (AD) 41; M. Amir Khan Vs.Collector Estate Duty, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR......ct transpired at the time of investigation. The investigation officer may apply through the prosecutor to the Tribunal to commit any accused person in his custody for the purpose of interrogation for proper investiga­tion of the case. Rule 18(2) provides that the investigation officer shall work..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)

...., Advocate-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For Anti-Corruption Commission. Criminal Appeal No.22 of 2004. (From the judgment and order dated 2nd of July, 2003' passed by the High Court Division in Criminal Appeal No. 2907...... defalcated various sums of money on dates between 21-12-1987 to 20-12-1991. It is true that under the Code each charge ought to have been for no more than one year. To that extent it would have been proper at the initial stage to frame three charges each for a period of one year. That would have sa..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26

Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)

.... ...... wrong forum by filing the writ-petition and therefore, it was not maintainable. 14. The findings arrived at by the High Court Division-as to the maintainability of the writ-petition is based on proper appreciation of law. The petitioners should have filed a revi­sional application under se..

Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

.... Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light o......uring his life time. The Assistant Commissioner of Taxes, Survey Circle-2, Chittagong (the ACT, in brief), suo-muto initi­ated income-tax proceeding on 12-2-2002 for the purposes of assessment of property income of Late Golam Mowla under sections 84/93/92(1) of the Ordinance long after the death..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)

....o Reported in: 66 DLR (AD) (2014) 98. ...... the opportunity to address the question now raised by the learned Advocate for the petitioners. 15. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of laws and facts do not war­rant interference by this Division. Accordingly..

Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12

Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)

....;.Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Quamrul Islam Siddique, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record&mda......Procedure and that the High Court Division without taking into consideration this provision of the law erroneously held that leave-respondent No.1 is entitled to recover of possession of the disputed property. They further submit that defendant Nos.1 and 3 filed a joint written statement in Title Su..

Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....tion) Present: Syed Refaat Ahmed J Mahmudul Hoque J   Proshanta Kumar Sarkar....................Petitioner Vs. Managing Director, Agrani Bank Ltd Head Office and others..........Respondents Judgment   October 8th, 2013.  Result......he respondent bank was not fair and has been done behind the back of the petitioner keeping him in the dark with a hope that no auction will be held. In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation received from t..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....n (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is ......porting to dismiss the petitioner should not be declared to be without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner who is a superintendent of a non-Governmental Madrasah has filed this..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: ......r example ministerial circulars on an Act that they are, as stated in Halbury's Laws Statutes vol. 44(1) (Reissue) para 1427 on the authority of the cases there cited, persuasive authority on the proper construction of the legislation. It will be a ground of appeal if the judge declines to take ..

Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment September 26, 2013. ......on for temporary injunction under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure should not be set-aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, that..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)

....l Hossain CJ Surendra Kumar Sinha J Md. Abdul WahhabMiahJ Hasan Foez Siddique J Bakhrabad Gas System Limited..............................Petitioner Vs. Al Masud-ar-Noor and others.................................Respondents Judgment September 26, 2013. R...... legal effect and why the respondents should not be directed to promote the petitioners with effect from 4-4-2010 and/or such other or further order or orders passed as to this Court may seem fit and proper." 4. From the impugned judgment and order in Civil Petition for Leave of Appeal No...

Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

.... Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal......rved that the witnesses had no enmity with the accused. 15. In a case of this nature it is imperative to keep in mind certain social and moral aspects as well as the background of the victim for proper adjudication. Shefali was an illiterate village girl who at the time of occurrence was below ..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....Court High Court Division (Special Original Jurisdiction) Present: M Moazzam Husain J Quazi Reza-ul Hoque J M Enayetur Rahim J Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners Vs. Bangladesh Jamaat-e-Islami and others…&...... “...it is often argued that such an interpretation will allow a person to espouse the cause of another person and the Court will be required to decide the issues without the presence of the proper party. If the affected party is not coming forward for no visible reason, the Court may refus..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....Court High Court Division (Special Original Jurisdiction) Present: M Moazzam Husain J Quazi Reza-ul Hoque J M Enayetur Rahim J Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners Vs. Bangladesh Jamaat-e-Islami and others……&he......should not be "publicity interest litigation' or 'private interest litigation' or 'politics interest litigation' or the latest trend 'Paise Income Litigation'. If not properly and strictly regulated at least in certain vital areas or spheres and abuse averted, it bec..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11