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Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26....... 7. We have perused the leave petition and heard the learned advocate, who, amongst others, submitted that under the provisions of section 148 of the Code of Civil Procedure the Court has ample power to extend the time for deposit of the consideration money and accordingly the required amount ......he Petitioner. Munsur Habib, Advocate, instructed by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By the High C....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...

Category: Property Law | Date: | Hits: 63

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......intiff must prove his case and he is not to rely on the weakness or defects of defendant's case. The High Court Division further held that the court of appeal below found that Matang Moyee executed a power of attorney on 14.10.1958 in the name of her domesticated son Nagendra Chandra Bir to sell her......arifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by the High C......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......1 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 power of attorneys dated 07.06.1965, the deed of exchange dated 16.06.1980 in terms of Exchange Case...... deceased and others stating inter alia that they by kabala Nos. 1586, 1588, 1589 and 1600 dated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respectively purchased .54 acres of land appertaining to C.S. Plot No. 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 of mouza Chandana ......g 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 started on 24.07.1969 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: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......s of the West Pakistan Suppression of Prostitution Ordinance, 1961 providing that the investigation into the allegations could not be made without prior permission of the Magistrate, that where a power is given to do a certain thing in a certain manner, the thing must be done in that manner or n...... The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney General) instructed by B. Hossain, Ad......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ...... the Madrasa Education Board who can either accept or reject the said recommendation of the inspection team in respect of the affiliation of a Madrasa, but the respondent No.2 has got no such power and he can only act on the said recommendation in respect of money payment order only" a......man and another…………………….. ....Respondents Judgment August 18, 2009. Lawyers Involved: Mrs. Nahid Yesmin, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Appellants. Md. ...... no such power and he can only act on the said recommendation in respect of money payment order only" and consequently declared the impugned order without lawful authority. 5. Leave was granted to consider the submissions that the impugned order having been passed by the Government c..

Category: Employment/Service Law | Date: | Hits: 146

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......ween the original lease holder and the authority concerned but in fact the original lease holder was not shrimp cultivator by profession that is why Anisul Haque the original leasee executed a power of attorney on 30.01.2003 in favour of the petitioners who are fit for shrimp cultivation and......Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-65. Civil Petition for Leave to Appeal No. 237 of 2006. (From the judgment and order dated the 15th day of December, 200......spects by not giving to lease out particularly to genuine shrimp cultivator as a highest bidder as per Government Nitimala and thus suffer from a patent illegality, legal infirmity and flagrant error of law warranting interference by this Court. 4. It appears from the record tha..

Category: Property Law | Date: | Hits: 88

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......late court with direction for giving findings and decision on certain issues where the trial court omitted to do so. In terms of section 107 of the Code of Civil Procedure the appellate court has the power of remand of a case under the circumstances mentioned in Order 41, rules 23 and 25. The appell......�…………. Appellants. Vs. Jiban Nessa and others……………………………….. Respondents. Judgment June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdictio......ngs of the appellate court below as regards the registered Kabuliats and patta vitiated for non-consideration of the solenama, Exhibit-Gha, filed in the Criminal Case No.1323 of 1955. 9. Leave was granted to consider whether remand of the suit for fresh trial as a suit for declaration of title an..

Category: Procedural Law | Date: | Hits: 105

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......dent, which together make for certainty, uniformity and predictability. These in turn provide the foundation of fairness in justice delivery system. ………………………………….(9) The power of judicial review in the nature of writ of Certiorari is limited to judicial and quasi-......�……………………………… Petitioner. Vs. Dr. HBM Iqbal Alamgir and others……………Respondents. Judgment January 18, 2010. Result: The writ petitioner is directed to surrender. The order of stay will continue till the disposal of the writ petition. Fugitive fr......boldened and despite processes have been issued, they will defy the processes of the courts and in such cases, the administration of criminal justice will be crumbled. We cannot conceive of a more flagrant violation of this principle that a convict who seeks the interference of the sovereign to obta..

Category: Anti-Corruption Laws | Date: | Hits: 211

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......uch proceeding will be sheer abuse of the process of the Court and that it has been brought for the purpose of harassment." The High Court Division further observed that:- “the inherent power under section 561A of the Code of Criminal Procedure for quashment of a proceeding, particular....... Wahidullah, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent No. 2. Not Represented-For the Respondent No.1. Criminal Petition for leave to Appeal No.400 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - Delay of 6 days in ......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..

Category: Criminal Law | Date: | Hits: 163

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......n the route of Lalmonirhat-Parbotipur-Lalmonirhat being tenders in respect of purely commercial contracts in exercise of the trading function of Bangladesh Railway and not in exercise of sovereign power by the Government and the writ petitioner has no legal right and is not entitled to invoke th...... Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam…………………………..Appellant Vs. Monzurul Islam Liton and others…......Respondents Judgment April 17, 2009. Cases Referr...... Ministry of Communication writ-respondent No. 2 gave approval of the tenders including the tender submitted by the writ-petitioner and requested writ-respondent No.3 to take all necessary steps to grant licence. Although the writ-petitioner's tender was approved twice the writ-petitioner was not..

Category: Civil Law | Date: | Hits: 149

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......hich is against all norms of justice and fairness. In that view, the order of suspension dated 15.03.2005 and the order of removal dated 17.03.2005 were malafide, arbitrary and colourable exercise of power. 8. The suspension order dated 15.03.2005 passed by the authority speaks that “আপ�......vs. State of Punjub and others reported in AIR 2000 SC 1080; Dipti Prakash Banerjee Vs. Satvendra Nath Bose National Centre for Basic Sciences, Calcutta, (1999) 3SCC 60 AIR 1999 SC 983; Managing Director, ECIL Vs. B. Karunakar, (1993) 4 SCC 727; (1994)AIR SCW 1050). Jagadish Chandra's case (1995 AIR......eeding against in accordance with Service Regulations has decided not to proceed against her and taken the decision in the Syndicate meeting to terminate her service as a probationer. 4. Leave was granted to consider the submissions of the learned Counsel for the appellants that "the respondent b..

Category: Employment/Service Law | Date: | Hits: 118

G M M Rahman Vs. State, 2009, 38 CLC (AD)

....tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......gh Court Division acted illegally in entertaining the appeal and therefore the impugned judgment of the High Court Division is liable to be set aside. 7. It may be pointed out here that the powers exercisable by the High Court Division in appeal and in revision will show that with two exc......l Matin J.- This appeal is directed against the judgment and order dated 16.07.2003 passed by the High Court Division in Criminal Appeal No.59 of 2000 allowing the appeal by enhancing the sentence to suffer simple imprisonment for 6 (six) months while discharging the connected Rule being Crimina......h the High Court Division acted illegally and without jurisdiction in enhancing the sentence of the appellant and thus the impugned judgment and order is liable to be set aside. 5. Leave was granted to consider the above submission. Heard Mr. A. K. Bodrul Huq, the learned Counsel a..

Category: Criminal Law | Date: | Hits: 106

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......he properties left by Abdul Hakim Chowdhury under Muslim Law of Inheritance and Muslim Family Law Ordinance, 1961. Abdul Hakim Chowdhury was seriously ill for 8 years prior to his death and had no power of understanding at all during his illness. Defendant No.9 in collusion with defendant No.1 a......Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Md. Sajadul Huq, Advocate-on-Record- For respondent No.1. Not represented- Respondent Nos.2-56 Civil Petition for Leave to Appeal No. 280 of 1995 (From the judgment and order dated 6TH December, 1994 passed by the ......all per stripes receive a share equivalent to the share which the sons or daughters, as the case would have received if alive. The aforesaid submissions merit consideration. Leave is granted upon condonation of the delay. Security of Tk.1000/- is to be deposited within one ..

Category: Property Law | Date: | Hits: 97

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......07 as amended by S.R.O. No. 30-Ain/2007 hereinafter referred to as "the said Rules" and submitted that in view of the aforesaid provision of the said Rules this Court is precluded from exercising the power under Section 497 and 498 of the Code of Criminal Procedure. The submission made by the learne...... Division can entertain applications under section 498 of the Code of Criminal Procedure despite Rule 19Gha of the Emergency Powers Rules, 2007 even with a non-obstinate expression. Cases Referred to- Secretary of State Vs. Mask and Co. A.I.R. 1940 (PC) 105; Jamil Hoque and 11 others Vs. Bang....... It is submitted further that in the said decision the highest court has held as under: "It is well recognised that no order is an order under the Act, if it was not passed in exercise of powers granted by the Act and was, therefore, without jurisdiction." 13. Mr. Rafuq-ul Huq has also poin..

Category: Criminal Law | Date: | Hits: 101

Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)

....ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......selling the mortgaged property by the judgment-debtor can be declared illegal by the Judge of the Artha Rin Adalat under Section 57 of the Artha Rin Adalat Ain as the Court is not powerless. 4. Leave was granted to consider the following submissions: ...... summarily disposing of the Writ Petition with some observations. 2. The facts, in short, are that the Writ Petition was filed challenging the order dated 24.9.2007 (Annexure-“D" to the Writ Petition) and order dated 22.11.2004 (Annexure "B" to the Writ Petition) pass......by the judgment-debtor can be declared illegal by the Judge of the Artha Rin Adalat under Section 57 of the Artha Rin Adalat Ain as the Court is not powerless. 4. Leave was granted to consider the following submissions: The learned Counsel for the appell..

Category: Property Law | Date: | Hits: 106

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......int Venture having been adjudged the lowest bidder, the price was offered by it was accepted by the petitioner No.1. The said Joint Venture later sub-contracted the work to the respondent No.1 by a power of Attorney dated 15.05.2001. 3. Clause 41 of the Special Conditions Contract (Which ......t: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Bangladesh Power Development Board and others........Petitioners (In all cases) Vs. M/s. Arab Contractor, (BD) Limited and others…...Respondents (In all cases) Judgment ......ence or misconducted themselves. 29. Mr. Huq also referred to the case of Sonali Bank Vs. Karnaphuli Works Ltd. reported in 46 DLR (AD) 55 in support of his contention that interest may be granted along with compensation under Section 70 of the Contract Act. 30. Admittedly the peti..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......r in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that the land in suit belonged to ......as not finally adjudicated between the parties in the suit filed by the plaintiff, that from the defendants' side no paper relating to the claim of possession acquired otherwise then by permission granted by the plaintiff was placed before the Court, that the decision of the Courts below that th..

Category: Property Law | Date: | Hits: 82

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......committee appointed by the order dated 4.7.2004 and that after the expiry of said interim order of Stay dated 27.2.2007, he was performing the functions of Mutawalli and made applications for order empowering him for collection of rents from the tenants and to perform the functions of Mutawalli and ......009) 930....... writ petition No.1778 of 2003 and Writ Petition No. 4816 of 2004 analogously, the High Court Division by common judgment and order dated 7.3.2006 discharged the Rules and vacated the order of stay granted earlier; however since the above seven member committee never took charge of the waqf estate..

Category: Trust/Waqf Law | Date: | Hits: 518

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ...... 10 of 1963-64 as per the provisions of Section 93A of the Town Improvement Act, 1953. The Government by the said gazette notification withdrew 14.68 acres of land from acquisition exercising the power conferred under Section 8B of the Emergency Acquisition of Property Act, 1948. The case of the......ADC (2009) 917; 30 BLD (AD) 2010. ......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..

Category: Property Law | Date: | Hits: 79

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......1 & 72) The Anti-Corruption Act, 1957 (E.P. Act No. XXVI of 1957) Anti-Corruption Bureau can investigate under the Anti-Corruption Act, 1957 (E.P. Act No. XXVI of 1957) as he is already empowered by section 5 (2) of the Act II of 1947. Cases Referred to- Dy. Supdt. of Customs Vs.......J A.K. Reazul Karim..................................... Appellant Vs. State....................................................... Respondent Judgment August 17, 1983. The Customs Act, 1969 (IV of 1969) Customs officers are authorized to deal with offences mentioned in t......cials against the Anti-Corruption Officer and came to the conclusion that the goods were not released to the importer so far A.G.R. Case No. 52 of 1980 and 24 of 1979 are concerned. 13. Leave was granted to consider the contention that the allegation does not constitute any offence and admittedl..

Category: Fiscal/Taxation Law | Date: | Hits: 129

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