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....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
...... the obligation of the claimant to prove that the same is not an abandoned property.
II. The High Court Division failed to consider that K.M. Zarrar did not disclose even on 7.4.73 that he got a power of attorney from his father and/or he became the owner of the case property by virtue of a gif......ppellant
Vs.
Orex Network Limited and others………...............Respondents
Judgment
June 20, 2012.
Result:
The appeal is allowed.
Cases Referred to-
Government of Bangladesh represented by the Secretary, Ministry of Works Vs. Md. Jalil and ......ent and order dated 16th and 17th Apri,2002 passed by the High Court Division, writ-respondent No.1 moved this Division by filing Civil Petition for Leave to Appeal No.1314 of 2002 in which leave was granted resulting in Civil Appeal No.133 of 2004.
8. Mr. Murad Reza, learned Additional Attorne..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......ttled that particular provisions may be regarded as directory merely; by which is meant that they are to be considered as giving directions which ought to be followed, but not as so limiting the power in respect to which the directions are given that it cannot be effectually exercised without o......cil............Petitioner Vs. AFM Faiz and others................Respondents Judgment June 18, 2012. Result: All the cases are disposed of on terms. Cases Referred to- HV Kamath Vs. Ishaque (1955)1 SCR 1104 (1126); AHM Mustafa Kamal Vs. Bangladesh, 61 DLR (AD......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ...... Involved: AF Hassan Ariff, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, 2009 passe...... number of the Senior Metropolitan Special Judge is not available from the record). The petitioner surrendered before the Senior Metropolitan Special Judge, Chittagong on 04-6-2008, but he did not grant bail to the petitioner and was sent to jail hajat. On 11-6-2008, the petitioner filed an ap..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ...... Judgment June 13, 2012. Result: The appeal is allowed. The civil petition is discharged. An appeal is the continuation of the suit and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additiona......t and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within its jurisdiction and......atisfied with judgment and order dated 10-11-2009 passed by the High Court Division, the defendants moved this Division by filing Civil Petition for Leave to Appeal No.2505 of 2009 in which leave was granted on 4-7-2010 resulting in the initiation of Civil Appeal No.283 of 2010. 9. Mr. Abdul Wa..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......s conversant with the science and the knowledge of finger print and the same can not be ascertained by a Court with its naked eyes. 5. It is true that, the High Court Division acted excess of power in allowing the prayer summarily without affording the defendant appellant any opportunity of...... opportunity of being heard. 2. Respondent No.1 instituted Other Class Suit No.3 of 1999 seeking declaration of title in respect of the suit land. The suit was dismissed by the trial Court. He took an appeal in the lower appellate Court and in the said appeal he filed an application for comp......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......f the Ordinance as amended in 1982. Therefore the appellant could not go to the Tribunal unless the Government took a decision in the matter which was evidently in the exercise of its revisional power under section 7A. The Administrative Appellate Tribunal was therefore patently wrong in holdin......ted by the Secretary, Ministry of Home Affairs and others.....................Respondents Judgment June 11, 2012. Result: The petitions are disposed of. Cases Referred to- Shaikh Mustainul Haque Vs. Inspector General of Police, 47 DLR (AD) 157. Lawyers Invol......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......
Saiful
Islam Chowdhury and others........................Respondents
Judgment
June
7, 2012.
Result:
Appeal
is dismissed.
Lawyers Involved:
Rajik-Al-Jalil,
Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record—For
the Petitioners.
Must......exure-G).
3.
The case of the writ petitioners, in short, was that their father Md. Sirajul
Islam Chowdhury and the brother-in-law of the writ petitioner No.1, namely, Syed
Muhammad Ullah were granted long term lease of 10 acres of land of abandoned property each by the Additional Deputy
Com..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......im which has a fatal ending. Ordinarily such act may consist of beating or use of force or administering poison or communicating shock news in distress condition which has caused the death. Such power may be exercised by application of force as in the case of beating or it may be in the form of...... allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No.2967 of 2002 (criminal appeal was dismissed) is set aside. Cases Referred to- Joginder Singh Vs. State of Punjab, AIR 1979 SC 1876; Bimal Das Vs. the State, 14 BLD (AD) ......ve to Appeal No.313 of 2004 before this Division. The appellants also filed Jail Petition No.8 of 2003 from Central Jail, Rajshahi. This Division hearing the leave petition and the jail petition granted leave on the 29th day of February, 2005 to consider the submissions made by the learned Coun..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
.... that the price quoted was only for same type of equipments (with no upgrades). The discount provided by the respondent No.2 company was a lump sum discount to be applicable to one time only which is discretionary matter for the respondent No.1 and not to be treated as intended to be applicable to f......court and since the law has provided in its sub-section (2) that other provisions of law is available to this court while passing order under sub-section (1) of Section 7(ka), this Court may exercise power under the Provisions of the Specific Relief Act, 1899, in particular, Section 55 and 56 in ord......o the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......যকর হইবে। 20. This Court has been empowered generally under the above provision and in particular, under the provisions of Clause-Gha to grant any other interim protective measures which may appear reasonable. It has been asserted by the..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......rcumstances the purported decision taken by the respondent No. 3 is very much unlawful, without jurisdiction and to be declared as void and a nullity in law.
27. Moreover section 43 of the Act empowers the National Board of Revenue to call for record and to examine the same and arrive at its de......ial Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Md. Akram Hossain Chowdhury J
PHP Float Glass Industries Ltd......................Petitioner
Vs.
Commissioner Customs, Excise and VAT and others.......Respondents
Judgment
May 30, 2012.
Result:
...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......en repealed by the Rules, 2009. 5. Mr. Titus Hillol Rema appearing with Ms. Farida Yeasmin, the, learned Assistant Attorney-General appearing on behalf of the respondent-government by filing the power adopts the submissions so have been advanced by the learned Advocate appearing for the respond.........Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: The Rule is discharged. Nikah Registrar needs sanction of law to work According to Rule 6 a Nikah Registrar can perform additional responsibilities for a max......e respondents concerned are further directed to appoint a Nikah Registrar giving additional duty of the area in question for the' interim period in accordance with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......rned Counsel, appearing for the petitioner submits that the High Court Division did not appreciate that every order passed by a District Judge and for that matter District Delegate Judge by virtue of power conferred by Succession Act shall be appellable (sic) under section 299 of the said Act and, a......al Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.......Respondents Judgment May 30, 2012. Result: The appeal is allowed. Cases Referred to- Sree Paresh Chandra Dey Gupta Vs. Abul Hossain, 33 DLR (AD) 254; Shubra Nandi Majumder Vs. Be......tion miscellaneous case. 3. Against the said judgment and order of the High Court Division, the appellant filed Civil Petition for Leave to Appeal No.584 of 2003 before this Division and leave was granted on 8-11-2003 to consider the following submission:— "Mr. Habibullah, the learned Counse..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......2 Article 44(1), 102(1), 102(2) Compensation is Special Relief not General— Power of High Court not only be Injunctive but also Remedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remed......not only be Injunctive but also Remedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remedial in scope to provide any relief against a breach of fundamental right already committed which may include the,...... orders for payment of monetary compensation or compensatory cost exercising jurisdiction under Article 102 of the Constitution, preferred these appeals by leave of this Court. 9. Leave was granted in all these appeals to consider the submissions of the learned Attorney-General appearing f..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......ellaneous Case No.355 of 1968 in interfering with the order passed by the Full Board. 16. The scope, the manner and the forum of review are circumscribed by the provisions of the Statute. The power of review of the Land Appeal Board has been provided in section 6 of the Land Appeal Board Ai......l, Senior Advocate and Azim Khair, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, 2010 passe...... of the Code, that is, Order XLVII thereof shall be made applicable for the purpose of filing an application for review and rule 4(2) of Order XLVII provides that no application for review shall be granted unless notice of the application has been served upon the opposite party. The High Court D..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ...... required to mortgage its properties for which the object clause of the memorandum is required to be amended. 4. The learned Advocate Mr. A.K.M. Fazlul Hoque further submits that the general power to borrow by the company was already provided in the memorandum of association under object ......e petitioner accordingly. Ed. This Case is also Reported in: ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ...... Result: The order of stay is vacated. Lawyers Involved: M. Quamrul Haque Siddique with S.M. A. Sabur with Mrs. Masuda Rahman Begum—For the petitioners Mahbubay Alam, Attorney General with Md. Bodruddoza—For the respondents. Writ Petition No.3393 of 2012. ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......t is also asserted that the bona fide mistake and/ or omission in the letter dated 18-8-2011 as ostensibly addressed in its extended version being the impugned letter dated 13-12-2011 is not abuse of power and/or a colourable exercise of power on the part of respondent No.3 and the respondent, accor......ers.......................Respondents Judgment May 24, 2012 Result: The Rule is made absolute. Constitution of Bangladesh, 1972; Article 102 (2) (a) (ii) Exercising Statutory Direction- A statutory authority must address himself properly in law in the exercise of s......Office-Alaipur, Upazila-Rupsha, District-Khulna established in the year 1994 having College Code No. 3679 from Rajshahi Board and Code No.0311 from National University. The aforesaid college was granted Monthly Pay Order (MPO) in Higher Secondary Level on 1-3-1998. On 11-5-2003 the aforesaid co..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......an promulgated service regulations under name Bangladesh Biman Corporation Employees Services Regulation, 1971 (Regulations). They were terminated from the service on different dates in exercise of powers under regulation 52 (1) of the Regulations, which they challenged by separate writ petition......10) M.A. Halim Talukder and another..........Respondents (In Civil Petition No.890 of 2010) Md. Helal Uddin and another................Respondents (In Civil Petition No.891 of 2010) Mostofa Mesbah Uddin and another........Respondents (In Civil Review Petition No.6 of 2012) Md. Ja......dents (In Civil Review Petition No.10 of 2012) Md. Kabir Miah and another...........Respondents (In Civil Review Petition No.11 of 2012) Order May 20, 2012. Result: Leave is granted. Cases Referred to- Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......bridged the fundamental rights of the millions of citizens of this country as the same placed them at the mercy of the executive authority and as such the same is a colourable exercise of legislative power and a fraud on the Constitution. Referring to the Bangladesh Collaborators (Special Tribunals)..................Respondents Judgment May 13, 2012. Result: The Writ Petition is rejected summarily Constitution of Bangladesh, 1972; Article 102(2) Case Referred to- Kazi Mukhlesur Rahman Vs. Bangladesh (Bern Bari) 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs.......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ...... and fraudulent activities. When it appears to the court that the entire proceeding the product of concocsious and collusiveness and fraudulent activities, the court can exercise its inherent power in the matter of quashment of the proceedings. 20. In quashing a criminal proceeding, t......State and another....................Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any case which is false, collusive and ......Magistrate, Md. Abul Kalam Azad, brother of the complainant but it is very unfortunate that on that day i.e. on 28.12.2010 after hearing the application did not pass any order of bail i.e. did not grant bail or did not reject the prayer but on malafide intention passed an order as “আগাম..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
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