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.... 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 ......n question and as such, the property by operation of law became an abandoned. The memorandum of gift dated 01.01.1971 is an anti-dated and manufactured document to raise claim in the property. The so called gift is hit by the provision of clauses 20 and 21 of the leased deed. Recording of the names ......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:
..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....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......urpose of enabling something to be done and prescribes the formalities which are to attend its performance, those prescribed formalities which are essential to the validity of the thing when done are called imperative (or mandatory); but those which are not essential, and may be disregarded without ......hat the lists sent by the different Bar Associations had been printed by the Bar Council as the voter list. This process has been continuing for a long time. No one raised any objection. At a special meeting held on 29-4-2012, the Bar Council took resolution to omit the names of the voters whose nam..Category: Others | Date: 18 Jun, 2012 | Hits: 7
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... 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......d signature according to the provision of section 73 of the Evidence Act and there was no scope for obtaining opinion of the handwriting expert at the appellate stage and, as such, no interference is called for by this Division. He further submits that the grounds on which leave has been granted had...... 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. ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....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. ......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)
....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. ......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
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....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) ......each of peace, besides the duty after an accident or to report the accident to the police. On the other hand, if a person in the course of unlawful conduct caused the death of another, he was automatically guilty of manslaughter, notwithstanding that he did not foresee death or even any harm occurri......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. ..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)
....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: ......es with the petitioner, the petitioner shall be obliged to refer the arbitration as per Clause 18.3 of the Contract. However the petitioner did not receive any response from the respondent No.1 practically the respondent No.1 did not complete the installation of the total system for the petitioner f......ed to remedy the problems faced by the petitioner. The petitioner still has credit with the respondent Nos.1 and 2 company, as admitted by the respondent No.1, amounting to US$ 59,500. There had been meeting on 12.1.2010 in between the parties with a view to resolve problems with the respondent No. ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....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:
......ash;For the Respondents.
Writ Petition No. 3063 of 2007.
Judgment
Md. Akram Hossain Chowdhury J.—On an application under article 102 of the constitution this rule nisi was issued calling upon the respondents to show cause as to why the impugned order dated 18-3-2007 passed ...... 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)
....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...... Writ Petition No.7431 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned Memo No.Bichar-7/2 N-34/83-504 dated 26-7-2010 issu......plication of qualified candidates it shall prepare the panel of 3 (three) candidates and send it to the Ministry concerned for final selection. In the present case, the Advisory Committee in it's meeting dated 9-12-2009 (Annexure-Q) though found the petitioner qualified for the respective post b..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....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......letters of administration in non-contentious cases, within such local limits as it may prescribe. And sub-section (2) has stipulated that Persons so appointed, that is, under sub-section (1) shall be called "District Delegates." For ready reference section 265 is quoted herein below:— "265. (1)......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. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....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,......amble and Article 7, (iii) Fundamental Principles of State Policy, (iv) Fundamental rights and (v) the other provisions of the Constitution....... (38) Compensation or relief must be specifically prayed for in the writ petition but not in the name of general or other relief. Ther......haka Metro- Ja-63-6960, Dhaka Metro Ga-11-3886, Dhaka Metro Ga-2155, Dhaka Metro Cha-7419 and Dhaka Metro Cha-8694 and caused damages to the private and government properties. The detenue held a meeting on 19-3-1997 between 4 to 6 P.M. in front of the National Press Club and with malafide inten..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....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......counter to the claim of the writ-petitioners and thus exceeded its jurisdiction in passing the impugned judgment and order interfering with the order passed by the Full Board and as such, the same calls for interference by this Division. 11. Mr. Mahmudul Islam, learned Counsel, entering cav......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. ..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)
.... 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: ......rned Advocate Mr. A.K.M. Fazlul Hoque, appearing on behalf of the petitioner, submits that by way of resolution dated 29.12.2011 the company AQUA CULTURE FARMS LIMITED in an extra-ordinary general meeting decided to amend its object clause to include a new clause, being sub-clause No.1 (a)-1(e) ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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......t Attorney-General—For the Respondents. Writ Petition No. 311 of 2012. Judgment Md. Ashraful Kamal J.- This Rule Nisi was issued at the instance of the petitioner Tapan Kumar Roy calling upon the Respondents to show cause as to why the impugned Memo No.à§à¦œà¦¿/৩১à§/ক-à§......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. ..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)
....an promulgated service regulaÂtions 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 sepaÂrate 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......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. ......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. ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......etitioner Vs. Chairman, Labour Appellate Tribunal, Dhaka and others........Respondents Judgment May 15, 2012. Result: The Rule is made absolute. Cases Referred to- Iqbal Hossain Vs. Chairman, Labour Appellate Tribunal 16 BLC 889. Lawyers Involved: ......l Huda, Advocates-For the Petitioner. Choudhury Sanaqwar, Advocate—For the Respondents. Writ Petition No.4879 of 2011. Judgment Tariq-uI-Hakim J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order, dated 24-3-201......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....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.......he judgment and order passed in Criminal Miscellaneous Case No. 34345 of 2010. In all those cases, the points raised in the present Writ Petition have not been decided. Let a Rule Nisi be issued calling upon the Respondents to show cause as to why the section 3 of the International Crimes ......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)
.... 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 ...... the Petitioner. Mohammed Ali Jinnah, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.35430 of 2011. Judgment AKM Shahidul Huq J.- The Rule was issued calling upon the opposite parties to show cause as to why the proceedings of CR Case No.466 of 2010......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. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... days. Those direction impliedly amount to compelling performance of contract specifically (here decision of the Syndicate), though an Arbitration Tribunal has no jurisdiction to exercise such a power of the Civil Court under the Specific Relief Act. Moreover, compensation for damages in terms ......espondents
Judgment
May 10, 2012.
Result:
The Appeal is dismissed.
Lawyers Involved:
Abdul Quayum and Md. Masudul Haque, Advocates—Appellant.
Mahbubey Alam, Attorney-General and Tanjub-ul Alam—For Respondents.
First Miscellaneous Appeal No.23 of 20......may be stated as follows:—
An arbitration proceeding between the appellant Maisha Corporation (Pvt) Ltd and the respondent Bangabandhu Sheikh Mujib Medical University (herein after will be called claimant-company and BSMMU respectively) was started out of a dispute over the supply, accept......bly, and the then Vice-Chancellor of the BSMMU constituted an Amicable Settlement Committee which could not ultimately succeed in resolving the dispute. Then the Syndicate of the BSMMU in its 28 meetings on 26-6-2008, discussed the proposal for amicable settlement brining a supplementary a..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....by defendant No.6, Jamini Kumar Kar, through his alleged attorney Arun Chowdhury, Jamini Kumar Kar had no right, title and interest in the land of SS plot Nos. 3428 and 3432. The deed of sale and the power of attorney in favour of Arun Chowdhury are false, fraudulent and collusive. During S.A. opera...... Aziruddin and others.................................Respondents Judgment May 8, 2012. Result: The appeal is allowed in part and the suit is decreed in part. Cases Referred to- Bahadur Ali Sk. Vs. Azgar Ali Munshi, 20 DLR 74; Abdus Sattar Vs. Lalon Mazar Sharif and Se......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
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