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Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....man Commission" by the respondent No.1 should not be declared to be without lawful authority and of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The case of the petitioner, in short, is that the petitioner is an Advocate of the Sup......n (Special Original Jurisdiction) Present: Md. Abdul Matin J ATM Fazle Kabir J Md. Aminul Haque Helal…………………………Petitioner Vs. Mr. Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The......pon the respondents to show cause as to why the holding of the office of the Chairman "Durnity Daman Commission" by the respondent No.1 should not be declared to be without lawful authority and of no legal effect and or pass such other or further order or orders as to this Court may seem fit and pro..Category: Constitutional Law | Date: | Hits: 228
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....he proceeding. It was so found by the court. The court held no error of misconduct was committed. Nobody was deprived of his right to defend beyond the law and/or rules. The award appeared to be made property. It was prepared on 15‑10‑1996. 13. Further, we find on 19‑8‑1999 the defendant ......(Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Dhaka Leather Complex Ltd. BCIC...........................Appellant Vs. Sikder Construction Ltd. and another.....................Opposite-Parties Judgment August 18, 2003. Result: The A......order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578...Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....“held liable by the report of the inquiry committee dated 2.2.2006 for vandalism of the then Prime Minister, Begum Khaleda Zia.” The allegation of the petitioner that he was not terminated by the proper authority is not correct, the Corporation pursuant to the decision of the Board Meeting dated......Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. Ltd. Batapur Lahore 23 DLR (SC), 60; Md. Motiar Rahman Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute Mills Corporation Vs. SAH......াকুরী প্রবিধানমালা, ১৯৯০” (hereinafter referred to as Probidhanmala, 1990) for declaring the same to have been issued without lawful authority and is of no legal effect. 3. The case of the petitioner as made out in the writ petition, in short, was that..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....on that the preliminary and final decree passed in Artha Rin Suit No.54 of 1998 of Artha Rin Adalat, Khulna is collusive and, also, for a declaration of Maliki Right free from all encumbrances on the property mentioned in schedule to the plaint and some other incidental declarations. 3. Learned J...... This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......eans written law, general law or statute law. A suit which is on the face of it incompetent because of an express or implied embargo imposed upon it by a law should not be allowed to further encumber legal proceedings. On examination of the plaint if it is found that the suit is barred by some provi..Category: Procedural Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
.... his rights available under the Jail Code cannot be denied. The classification of under trial prisoners as per Bengal Jail Code will be done by authorities mentioned in the rule. The respondents made proper prayers to the authorities ex-closing evidence in support of their claim. The respondents hav......M Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazniun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others ……………......Petitioners Vs. Abdul Quader Mollah and another …………......rested in the case and therefore, it cannot be said that they are under-trial prisoners under the International War Crimes Tribunal. 7. In view of the above, the High Court Division committed no illegality in directing the respondents to provide the petitioners Division-1 status under the Jail Co..Category: Criminal Law | Date: | Hits: 95
....from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 239.
......ul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Bangladesh Livestock Research Institute…………........Petitioner
Vs.
Dr. Md. Jahangir Alam Khan and another………………. Respondents
Judgment
February 26, 2012.
Result:
The petit......issuance of the order of suspension. In view of the above, the High Court Division made the rule absolute and declared the order of suspension as has been issued without lawful authority and is of no legal effect.
4. We have perused the materials on record and heard the learned Counsel for the pe..
Category: Employment/Service Law | Date: | Hits: 251
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
.... in question being filed beyond the time limit prescribed by Sub-sections (3) (4) of Section 28 of the Artha Rin Adalat Ain, 2003 is barred by limitation and as such the auction sale of the mortgaged property of these petitioners in that execution case also is illegal." 4. The learned Advocate ap...... (Civil) Present: Mohammad Fazlul Karim J Md. Jaynul Abedin J Shah Abu Nayeem Mominur Rahman J Janata Bank Ltd……………………………...Petitioner Vs. Gulneara Begum and others………………...Respondents Judgment April 20, 2009. Lawyers Involved: Sh......on challenging the issue of limitation and the High Court Division accepted the case of the judgment-debtor and made the Rule absolute, declaring the impugned order without lawful authority and of no legal effect observing that:- "The learned Advocate for the respondent-bank has argued that after..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....our of defendant No.2. The case of the plaintiffs in the suit was that the solenama upon which the said Title Suit No.561 of 1976 was decreed was a forged solenama and the decree was obtained without proper notice on some of the defendants. Signature on the solenama were not that of the defendants. ...... others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Singh, 42 CLJ 280; Moulavi Abdul Mannan Vs. Md. Rafiqul Islam and others,......ioners as plaintiffs riled title suit being Title Suit No.156 of 1977 before the Court of Munsif (6th Court of Barisal) for declaration that the 'Ka' schedule decree in Title Suit No.561 of 1976 is illegal, fraudulent, inoperative, null and void without jurisdiction and not binding upon the plaintif..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....fidavit‑in‑reply the petitioner denied the allegations made in the affidavit‑in-opposition. Annexure‑F annexed to this reply shows that the respondent No.1 has already transferred some of the property of the petitioner in England by creating false documents in her absence. 6. Dr. Kamal Ho......ourt High Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Sharon Laily Begum Jalil...................Petitioner Vs. Abdul Jalil and others................Respondents Judgment August 30, 1995. Result: The Writ Petitio......was subjected to further physical abuse. On 8‑5‑95 in the morning the respondent No.1 aided by the respondent Nos.2 and 3 including his other relatives from his paternal village deceitfully and illegally removed all the four children from the custody of the petitioner. The petitioner later came ..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....en made. Although there appears a charge to have been framed by the learned judge just before the delivery of the Judgment but by this framing of charge it cannot be said that the accused had secured proper opportunity of meeting the charge in defending himself or themselves. In fact, trial was over......istant Attorney‑General ‑ For the State. Criminal Appeal No.2016 of 1991. Judgment Qazi Shariuddin J.- Accused Abdur Razzak @ Geda stood trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty of the offence under section 395 of the Penal Code ......to re‑call the witnesses and to interrogate them on the subject prejudicing their interest. In such a situation it cannot be said that by the subsequent framing of charge by the learned Judge the illegality that already existed has been eliminated or cured. In our view, the accused‑appellant has..Category: Criminal Law | Date: | Hits: 144
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ass Suit No.299 of 1985 decreeing the suit. 2. The plaintiff-respondent No.1 filed the suit for declaration of the cancellation of the plaintiff's permanent settlement dated 03.10.1984 in the suit property by the Additional Deputy Commissioner (Revenue), Naogaon and the subsequent order passed by......epresented-For Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition for Leave to Appeal arose out of the judgment and decree dated 09.02.2005 passed by the High Court Division in Civil Revision No. 1621 of 1996 mak......sioner (Revenue), Naogaon and the subsequent order passed by the Additional Commissioner, Rajshahi Division, on 04.11.1984 affirming the said cancellation of the plaintiff's permanent settlement is illegal, ineffective and without jurisdiction. 3. The plaintiff-respondent filed the suit in respec..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
.... opposite party No.7 (in the pre-emption case) got the case land by way of petition and he sold it to the pre-emptee petitioner by kabala. The pre-emptor opposite parties further alleged that all the properties of the pre-emptor and the opposite party Nos.2-18 (in the pre-emption case) were partitio......preme Court High Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Sultan Hossain Khan J Abdus Salam………………………Petitioner Vs. Md. Ustar and another…………………………Opposite Parties Judgment November 16, 1982. ......and dismissed the appeal. Hence this revision in this Court. Mr. B.K. Das, the learned Advocate, appearing on behalf of the pre-emptee petitioner has submitted that the Court of appeal below illegally and in violation of law as regards the procedure of deciding a case affirmed the decision of..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
.... are also legally bound by the aforesaid contract of the defendant No.1 and are consequently bound to join with defendant No.1 in the execution and registration of the necessary sale deed of the suit property in favour of the plaintiff and the plaintiff is legally entitled to enforce the said contra...... High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Amin-ur-Rahman Khan J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice an......y defendant No.1 to the plaintiff have fraudulently and secretly created different so-called sale deeds in their favour in collusion with the defendant No.1 and as such the defendants No.2-7 are also legally bound by the aforesaid contract of the defendant No.1 and are consequently bound to join wit..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....tage of his own wrong). In the circumstances of the present case, it is clear that the plaintiffs in trying to undo the transaction of lease evidenced by the impugned kabulyat and to get back their property are attempting to take advantage of their own fraud. We find no reason why the principle of...... High Court Division (Civil Appellate Jurisdiction) Present: Chowdhury ATM Masud J Md. Altaf Hosain J Matira Bewa & others…………………Appellants Vs. Sree Sudhir Chandra Saha & others…………………Respondents Judgment February 10, 1982. Result......le Judge ought to have held accordingly and proceed to decide the case on that basis. The principle of law enunciated in the reported decision referred to above is in consonance with the well-known legal principle embodied in the legal maxim Nullus commodum copere potest de injuria sua propria (Wh..Category: Property Law | Date: | Hits: 146
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
....them to justice. The High Court Division further held that the seal of the Court as contained in the forged certified copies were also forged. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega....... None represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving d...... the forged certified copies were also forged. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is d..Category: Criminal Law | Date: | Hits: 146
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....bmitted that the High Court Division has erred in law in not reversing the decision of the appellate Court when the appellate Court has not rebutted the findings of the trial Court which was based on proper assessment of evidence. 10. He further contented that the learned Judge of the High Court ......CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Suratunnessa and others……………………………….....Appellants Vs. Nurjahab Bibi and others…......s from the date of their knowledge. The High Court Division further held that the pre-emption proceeding was not barred by limitation and the judgment of the appellate Court was not suffered from any legal infirmity. 14. Upon over all security of the materials and the judgment and order of the Hi..Category: Property Law | Date: | Hits: 84
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....rvice of charge-sheet as contemplated under Rule 58(8) of the Upazila Parishad Karmachari Chakuri Bidhimala, 1989 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner being a citizen of Bangladesh was appointed "জীপ গাড়......reme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Mahatab Hossain (Md)…………….Petitioner Vs. Upazila Nirbahi Officer and others……………..Respondents Judgment May 4, 2006. Lawyers involved: Md. Mazi......No. স্থাসবি/উপ-১/প১/২০০০/৭৭(১)(৩) (Annexure L) dismissing the appeal should not be declared to have been made without any lawful authority and to be of no legal effect for having failed to conclude the proceeding drawn against the petitioner within 180 da..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....sary for our purpose is as follows “16. Subject to the other provisions of this Ordinance, the Syndicate shall have the general management of, and superintendence over, the affairs, concerns and property of the University; and shall exercise such superintendence in accordance with the provision...... Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Md. Alamgir …………………….Petitioner Vs. Vice Chancellor, BUET and others………. Respondents Judgment April 15, 2001. Lawyers Involved: Subrata Ch......Engineering, BUET in favour of respondent Nos. 3 and 4, issued under the signature of respondent No.2 (Annexure F and G) should not be declared to have been made without lawful authority and is of no legal effect. On the prayer of the petitioner, there was an order of stay for regularisation of appo..Category: Employment/Service Law | Date: | Hits: 160
Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......…..Appellant Vs. AFM Emamul Huq………………Respondent Judgment January 7, 1998. Result: The appeal is allowed. Case Referred To- Managing Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260. Lawyers Involved: Khondker AM Mohs......dgment and decree of dismissal of the suit preferred this appeal. 4. The learned Advocate appearing on behalf of the plaintiff-appellant at the very outset submits that the trial Court committed illegality in suo moto converting the money suit into Artha Rin Adalat Suit as the suit has been filed..Category: Civil Law | Date: | Hits: 202
Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....ashava (Annexure-K) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may deem fit and proper. 2. Short facts for disposal of the Rule are that the petitioner is an elected councilor o...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Mohammad Ismail, son of Noor Aziz, elected Councilor of Ward No. 9 of Teknaf Paurashava and Panel Mayor No. 1 of Teknaf Paurashava, Upazila-Teknaf, District—Cox’s Bazar. …………......Republic of Bangladesh, declaring vacant, the post of Panel Mayor-i, Mohammad Ismail of Teknaf Paurashava (Annexure-K) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may deem fit and p..Category: Others | Date: | Hits: 136
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