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....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......35(4) & 102
The Special Powers Act, 1974 (XIV of 1974); Section 3
The word ‘concerned’ used in the section is a vague word
By using the word ‘concerned’, a police gets unhindered power to arrest any person stating that the person arrested by him is ‘concerned’ in......& 102
The Special Powers Act, 1974 (XIV of 1974); Section 3
The word ‘concerned’ used in the section is a vague word
By using the word ‘concerned’, a police gets unhindered power to arrest any person stating that the person arrested by him is ‘concerned’ in a cog...... like to suggest or recommend the amendment of section 54. The suggestion will be given after we finish our discussion on the other question raised i.e., after discussing the question of 'remand' now granted under section 167 of the Code.
14. Let us now consider the question of granting 'remand' ..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......81 and also from the contents of the annexures of the above Writ Petition No.159 of 1989 for the first time came to know about the alleged deed of agreement for exchange dated 30-10-1963, the alleged powers of attorneys dated 7-6-1965, the deed of exchange dated 16-6-1980 in terms of Exchange Case N......ate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by the High Cou...... died by the efflux of time on 31-12-1964 as held in 17 DLR 451, the above proceeding of Exchange Case No.35/69-70 stated on 24-7-1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question wa..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......of the Court” as used in section 561A of the Code of Criminal Procedure, 1898 is generally applied to a case or proceeding which is wanting in bona fides and is frivolous or vexatious. The Inherent power of the High Court Division, an extraordinary power to be exercised in extraordinary circumstan......the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......vision. The learned Judges of the High Court Division by judgment and order dated 20th November, 2008 discharged the rule. Thereafter the appellant moved this Division a leave petition. This Division granted leave to consider the following points: "the Anti-Corruption Commission Act, 2004 came ..Category: Anti-Corruption Laws | Date: | Hits: 195
....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
...... Tafazzul Islam CJ
Md. Abdul Matin J
ABM Khairul Haque J
Surendra Kumar Sinha J
A.B.M. Asgar………………………………Appellant
Vs.
The Administrator and the Chairman of the Allotment Committee, Dhaka and others………………….......Respond...... including the appellant were given allotment of shop rooms either in the 1st floor or in the 2nd floor and they got possession of their respective shop rooms in February, 1988.
8. Leave was granted to consider whether the learned Judges of the High Court Division committed error of law in ..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......n law interfering with the findings of fact arrived at by the Court of Appeal below and therefore, the learned Judge of the High Court Division exceeded its jurisdiction while exercising revisional power. The learned counsel further contended that the learned Single Bench erred in law in failing t......wyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 533 of 2009. (From the judgment and order dated I 28.10.2008 passed by the High......chani Bibi. They paid rents to the ex-landlord and subsequently surrendered the said lands to the landlord Tasiruddin Sarkar. The landlord possessed the said lands for some time and subsequently he granted pattan to Ambaruddin and Genda Mahmud. Thereafter said tenants sold the same to Saiab Uddin,..Category: Property Law | Date: | Hits: 18
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......truct-ed by Nawab Ali, Advocate-On-Record-For the Respondent No. 1 (In both the petitions). Not Represented-For the-Respondent Nos. 2-3 (In both the petitions). Civil Petition for Leave to Apple Nos. 83 and 129 of 2009. (From the judgment and order dated 04.11.2008 passed by the......Appeal No.37 of 2007 dismissing the appeal and thereby affirming the order No.25 dated 06.02.2007 passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Class Suit No. 346 of 2005 granting mandatory injunction directing the added defendant Nos.3 and 4 petitioners to deliver posse..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......f Hindu Law property given for the maintenance of religious worship is inalienable. In the case of Hunooman Persaud Vs. Mst. Babooee reported in 1856-6-MIA 393 it has been held that Shebayet has no power to alienate the Debuttar Property except in a case of need or for the benefit of the estate. H......llusive, null and void impleading the appellants as principal defendants. 3. The case of the plaintiff-appellants, in short, are that the suit property measuring .71 acres of land appertaining to three plots in C.S. Khatian Nos.456 and 458 of Mouza Gopar, Police Station Keranigonj, District-D...... the impugned judgment and decree dated 26.07.2004 passed by the High Court Division preferred Civil Petition For Leave To Appeal No. 1476 of 2004 before the Appellate Division. 7. Leave was granted to consider the submissions that the right to a decree to a plaintiff in a suit for declar..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......ted in 24 BLD (AD) 223 the Appellate Division decided to the same effect. 17. In the instant case it appears that the plaint of the plaintiff-respondent's suit be rejected even under the inherent power of the Court under Section 116 of the Code since the plaintiff is estopped to claim from his a......il Appeal No. 178 of 2002) S. M. Hossain and other…………Respondents (In Civil Appeal Nos. 94-95 of 2005) Judgment August 3, 2009. Result: The appeal is allowed. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd. 20 BLD (AD) 278; Guiness Peat (Tradin......g out of the judgment and order dated 07.07.2004 in Civil Revision No.2917 of 2003 all are passed by the High Court Division). Judgment Md. Muzammel Hossain J. - This special appeal by leave is granted against the judgment and order dated 16.08.2000 passed by the High Court Division in Civil R..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......4986 of 1996 on the averments that the respondent No. 1 which is a partnership firm, on 20.3.1974, obtained a loan of TK.37,00,000.00 from the appellant hypothecating the two cargo vessels proposed to be purchased with the above loan money and also upon equitable mortgage of the landed properties ...... 75%; in response, the respondent No.1, on 29.12.91 after complying with the conditions as laid down in the Circular dated 7.10.1991 filed an application for exemption but the appellant did neither grant the desired exemption nor gave any reply to the above application and on the other hand starte..Category: Banking Law | Date: | Hits: 98
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......d by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Nazrul Islam Talukder, Advocate instructed by Firuzur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 467 of 2009. (From the judgment and order dated 04.12.2008 passed by the High C......the Deputy Commissioner, Kishoregonj to lease out "Joaria Beel Kobadiar Khal" fishery by open tender as evident from Annexure-"I" to the writ petition and for a direction upon the respondent No. 1 to grant lease of "Joaria Beel Kobadiar Khal" fishery in favour of the petitioner after due considera..Category: Property Law | Date: | Hits: 26
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......hidul Huq, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 200 of 2009. (From the judgment and order dated 27.11.2008 passed by the High C......e defendant as petitioner preferred civil revisional application under Section 25 of the Small Causes Courts Act being Civil Revision No. 1863 of 2007 wherein initially Rule was issued and stay was granted and the Rule was ultimately heard by the High Court Division that discharged the Rule. ..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......iffs by producing the title deeds and Khatians as well as the oral evidences proved their case of title and possession and that in view of the settled principle of law that in exercising revisional power the finding of facts, whether concurrent or not, arrived at by the appellate Court is final, u......itioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent Nos. 1-3 Not represented-Respondent Nos.4-6. Civil Petition for Leave to Appeal No. 872 of 2008. (From the judgment and order dated 05.03.2008 passed by the High Court......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..Category: Property Law | Date: | Hits: 37
....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132.......ore than right to trade and as such the impugned judgment cannot be maintained.
8. It was further submitted that Article No.18 of the Constitution of the Peoples Republic of Bangladesh clearly empowers the Government to take appropriate measures to save the people of the country from any poss......cs Control Dhaka and another ...........Appellants
Vs.
Crown Beverage Ltd. and another ...........Respondent
Judgment
December 2, 2008.
Lawyers Involved:
Monsur Habib, Additional Attorney General instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For the Appellants.
Rafiq......n in Writ Petition No.6818 of 2004 making the Rule absolute.
2. Respondent Nos.1 and 2 filed Writ Petition No.6818 of 2004 for a direction upon the writ respondents i.e. the present petitioners to grant license in favour of the writ petitioner No. 1 under Section 11 of the Narcotics Control Act, ..
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......e-on-Record-For Respondent No.1 (In Civil Appeal No.290 of 2007). Not represented-Respondent Nos. 2-6 (In Civil Appeal No. 290 of 2007). Civil Appeal No.175 of 2007 and Civil Petition for Leave to Appeal No. 290 of 2007. (From the judgment and order dated 22.08.2006 passed by a Division Ben......rine of legitimate expectation applies in the instant case. 9. The learned Counsel entering caveat for respondent No.1 supported the judgment and order of the High Court Division. 10. Leave was granted to consider the above submissions. 11. Heard the learned Counsel and perused the petition..Category: Limitation Law | Date: | Hits: 154
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ...... ABM Khairul Haque J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involved: Amirul Islam, Senior Advocate instructed by Md. Nawab......f production of any original lease deed and mutation with the concerned authority the High Court Division erred in law in interfering with the finding of the Court of Settlement. 10. Leave was granted to consider the above submissions. 11. Heard Mr. Amirul Islam, the learned Counsel ap..Category: Property Law | Date: | Hits: 31
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......y has been indicated in sub-section (5) of section 3 of the VAT Act authorizing the NBR to make official Gazette Notification declaring the vatable goods and class of job as vatable and that also empowering the NBR to give explanation for the purpose of determining the periphery of vatable service......onal Ltd. and another.......Respondents (In Civil Appeal No. 287 of 2003)
BIVAC International S.A. Bureau Vertias Group and another.......Respondents (In Civil Appeal No. 288 of 2003)
PSI Inspectorate Ltd. and another.......Respondents (In Civil Appeal No. 289 of 2003)
Judgment
August 30......urpose of determining the periphery of vatable services, that VAT is not Income Tax nor the same is the substitute of sale Tax, that it is not seen from the petition for leave to appeal and the leave granting order in what respect High Court Division was wrong in holding that learned Additional Atto..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ul Hossain QC, Senior Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent No. 23. Criminal Petition for Leave to Appeal No.269 of 2008. (From the judgment dated 3-6-2008 passed by the High Court Division ......te Division will not interfere with the decision of the High Court Division if the later has followed the observations made by the former in another Case of the similar subject matter. Bail may be granted when the accused has served substantial portion of sentence already and the appeal could not..Category: Anti-Corruption Laws | Date: | Hits: 143
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... The Prevention of Corruption Act, 1947 (II of 1947) Section 5(2) The Criminal Law Amendment Act, 1958 (XL of 1958) Section 4 A fugitive from justice cannot obtain justice without surrendering to the due process of law. Case Referred To- Anti-Corruption Commission vs Dr HBM Iqbal Alamgi...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..Category: Anti-Corruption Laws | Date: | Hits: 186
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......voicing of the value of the imported goods and accordingly, in fixing the price circulated by the Circular dated 3-7-94 the appellants acted quite fairly and reasonably in exercise of their statutory power; further, it is also not correct that the respondents were not aware of the above Circular dat......DLR (AD) (2010) 217. ......he respondents. 7. The High Court Division, after hearing, made the Rules absolute. 8. Mr. Mahbubey Alam, the learned Attorney-General appearing for the appellants in support of the leave granting order, submitted that though the appellants could not substantiate assessment on the basis ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......arge of the Ministry and rule nisi was issued to show cause how and under what authority he was holding the said office of the Secretary-in-charge on the following averments.
4. In exercise of the powers conferred under Article 133 of the Constitution of the People's Republic of Bangladesh, the P......Aftabuddin (Retired District and Sessions Judge) and another……...Respondents (In both the cases).
Judgment
December 17, 2009.
Result:
Both the appeals are dismissed.
Case Referred to-
Dr. Shahdin Malik Vs. Government of Bangladesh, Writ Petition No. 11739 of 2006; Bangladesh V...... very beginning on account of being contrary to the provisions of Articles 27/29(1)/115/133/152 of the Constitution as well as being made without consultation with the Public Service Commission in flagrant violation of the provision of Article 140(2) (b) of the Constitution. The Government did never..
Category: Constitutional Law | Date: | Hits: 207
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