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Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......e obtained in Title Suit No.616 of 1969 of the Court of Munsif, Chuadanga is fraudulent, collusive and not binding upon the plaintiff. 2. Facts, in short, are that the land in suit belonged to Bishupada and he granted Power of Attorney to Danesh Mondal as regard the property in suit and t...... Suit No.616 of 1969 of the Court of Munsif, Chuadanga is fraudulent, collusive and not binding upon the plaintiff. 2. Facts, in short, are that the land in suit belonged to Bishupada and he granted Power of Attorney to Danesh Mondal as regard the property in suit and the said attorney tra..Category: Property Law | Date: | Hits: 35
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ...... Act. He was very responsive and submitted a written submission. He submitted that by the Bangladesh Laws (Amendment) Ordinance, 1976 (Ordinance No. IX of 1976) under new section 2A the power of the Court of Wards vested in the Divisional Commissioner of respective areas. By the Bang......bsp; Not represented-Respondent Nos. 2-3, 5-15 & 17-26 (In Civil Petition No.1452 of 2008). Judgment July 19, 2009. Civil petition for leave to Appeal Nos. 1447-52 of 2008. (From the judgment and order dated 20.05.2008 passed by the......have any right, title and interest and possession in the case lands, because of acquisition, and vesting of said lands in the Government. The learned Additional Attorney General could not deny the granting of the ground rent payment receipts, copy of which have been annexed to the affidavit-in-o..Category: Property Law | Date: | Hits: 67
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ......th passed by the respondent No.2 and that the appoints of Nikah Registrars are governed by the Muslim Marriages and Divorces (Registration) Act (Act LII of 1974), the Act, and by virtue of the powers conferred upon the Government by section 14 of the said Act the Government framed "The......mentary Affairs, Bangladesh Secretariat, Dhaka & others......Respondents Judgment August 3, 2008. Cases referred to- Mvi. Mohammad Khurshed Alam vs. Secretary Ministry of Law, Justice and others, 50 DLR (A......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed withÂout any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......eed in Articles 27 and 29 of the constitution. In the case of Mujibur Rahman Vs. Bangladesh reported in 44 DLR (AD) 111 it has held: "I do not think that the Tribunals have been vested with the power of judicial review in our Constitution. What is "Judicial review" in our constitution? It is t......s. 71-72 of 2002) Vs. Md. Abdul Halim Miah and (3) others.....Respondents (In Civil Appeal No. 69 of 2002) Judgment May 4, 2003. Result: The appeals are allowed Cases Referred to- Bangladesh Vs. Azizur Rahman and other 46 DLR (AD)19; Bangladesh Vs. Shafiuddin Ahmed 50 DLR ......ear at the first examination and get the recÂommendation were not entitled to seniority from the date of their ad hoc appointments as per rule 4(2) (Gha) of the said Rules of 1990. 16. This Court granted leave to consider the submissions of the learned Additional Attorney General and the learned..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......as throttled by the then BAKSHAL Government and an economic crisis and a serious unrest was prevailing all over the country, a revolution took place on the 15th August (1975) when the Government in power was overthrown and in this process some unwanted happenings took place in the residence of th......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and others............Respondents (In both the appeal) Judgment April 19, 1998. Cases Referred to- Kay V. Goodwin; Surtees V Ellison; Dosso's case 11 DLR (SC) 1; Halima Khatun 30 DLR (AD......sued in the writ petitions were accordingly discharged by the impugned judgment and order dated 28 January, 1997 but a certificate under article 103(2)(a) as prayed for by the writ petitioners was granted. Hence these appeals before us as of right. 14. We have noticed that a substantial p..Category: Constitutional Law | Date: | Hits: 167
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......D was not acting in the capacity of sovereign or no contractual obligation arising out of statutory duty or statutory contract and the public authority has also not been invested with any statuÂtory power and that the petitioner did not even seek relief against a breach of statuÂtory obligation. T...... No. 01 of 2005)
Judgment
July 19, 2009.
Result:
The petition under Article 104 of the Constitution is rejected. The Contempt Petition No.1 of 2005 is rejected. The appellant is ordered to refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of 12% per ......nt No.1 by leave filed Civil Appeal No.244 of 2005 by leave and the contractor, who completed work, being affected by the said judgment preferred Civil Appeal No.245 of 2005 by leave.
6. Leave was granted to consider the subÂmissions of Mr. A.F. Hasan Ariff, learned Attorney General with Mr. Fid..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....sion Bench requires, it may refer the appeal for rehearing by a larger Bench of Judges if there is difference of opinion on any point or points. Similarly the third Judge has been given the similar discretionary power to refer the appeal to a larger Bench if he does not agree with the opinion of ...... to the High Court Division for the confirmation of sentence under section 374 of the Code. In dealing with a proceeding under section 374 the High Court Division itself acts on its appellate side power irrespective of whether the accused sentenced to death preferred an appeal or not and accordi......ellip;………………………………..Respondent (In all the cases) Judgment November 19, 2009. Cases Referred to- Md. Shafi vs.The Crown 6 DLR (WP) 104 (FB); Abdur Razik v. The State, 16 DLR (WP) 73; H......n for Leave to Appeal Nos. 95, 96, 97 and 98 of 2001. 19. All the above mentioned petitions for leave to appeal having raised the same question of law and fact were disposed of by one leave granting order granting leave as follows: “(a) the learned Judges of the Div..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......h August and 3rd November, were staying in Bangkok, the so called “sepahi biplob” (armed revolution) occurred on 7th November, 1975, and Major General Ziaur Rahman became the exclusive powerful leader and that after taking over power, he repatriated the officers involved in the killi......e President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......Ahmed, a the then Minister, Maj. Gen. Ziaur Rahman, the then Deputy Chief of Army, who after 15th of August, 1975 became Chief of Army, later Chief Martial Law Administrator and thereafter usurped power as President of the Republic, his reaction in the very morning of 15th August, 1975, hearing ......ith other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child ......titions for leave to appeal against the judgment and order of the third learned Judge of the High Court Division. The Appellate Division upon analogous hearing of the appeals passed a common leave granting order on five grounds, which have been reproduced by my learned brother Md. Tafazzul Islam..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......en sufficiently explained. In that view of the matter, I fully agree with my learned brother. Mutiny Leading to Murder or Murder Simplicitor 498. The third ground on which leave was granted relates to as to whether the case concerns mutiny leading to murder or murder simplicitor. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....gal manner before the ordinary courts of the land. In this sense the rule of law is contrasted with every system of government based on the exercise by persons in authority of wide, arbitrary, or discretionary powers of constraint. “(2) We mean in the second place, when we sp......f the investigation of the case. 629. There is another factor which should not be ignored in considering the delay in lodging the FIR. After the incident Khondker Mostaque Ahmed usurped the power and proclaimed Martial Law on 20th August, 1975 and assumed the office of the President of B......ed by the defence in any manner. ......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....inst the appellants. Article 103(3) of the Constitution does not confer a right of appeal on any party from a judgment and order passed by the High Court Division, it merely clothes this Court with discretionary power to scrutinize and go into evidence in special circumstances in order to satisfy......lants. Article 103(3) of the Constitution does not confer a right of appeal on any party from a judgment and order passed by the High Court Division, it merely clothes this Court with discretionary power to scrutinize and go into evidence in special circumstances in order to satisfy itself that ......sed killed his wife and two children. The accused was seen sitting in the adjoining room and on seeing him one witness asked him what has been found about the murder. In reply the accused reclaimed to God to excuse him that “he had committed mistake as he had murdered his wife and two child...... not been used in this clause of the Article as has been used in the corresponding Indian provision, (Article 136) but in view of the powers given to this Court to exercise the jurisdiction, if it grants leave from the judgment, order or sentence manifestly suggest that this power is discretiona..Category: Criminal Law | Date: | Hits: 291
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ...... appellants (all other submissions were rejected) that the directors of the Dockyard having furnished no letter of hypothecation, no mortgage deed of floatation charge, no irrevocable general power of attorney, no letter of guarantee and no demand promissory note to either the Sangstha or T......os. 64 and 65 of 1989. Judgment ATM Afzal J.- These two appeals by leave taken up together for consideration arise out of a proceeding under Article 33 of the Bangladesh Shilpa......ed as Misc. Case No.13 of 1984, for realisation of its dues amounting to Taka 68.46 lakh including compensation. In that proceeding Tapashee Shipping Lines Ltd., to which the disputed loan was granted, was made opposite party No.1 and its directors were made opposite parties No. 2-5. Di..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is disÂmissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is disÂmissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......judgment and order dated 8th July, 2008 passed in Civil Appeal No.284 of 2001 dismissing the same with cost of Tk.10,000/-. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a two storied buildÂing thereon taking loan from the House BuildÂ......the same from the e Government. The writ respondent No.1 disÂmissed the case, against which the writ petiÂtioner unsuccessfully moved the High Court a Division in writ jurisdiction. 3. Leave was granted to consider the submission that Title Suit No. 984 of 1980 having been decreed on 7.4.1981 f..Category: Property Law | Date: | Hits: 32
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......to Zakat wrote: "One of the greatest problems facing humanity is undoubtedly the problem of the distribution of wealth, with which is also bound up the question of political power. The system of Capitalism which is the foundation-stone, so to say, of the materialisti......nted— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 823, 824 and 828 of 2005). Judgment ......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......uential person of the locality to solve the problem who (Mr. Maksud Miah) to settle the dispute called both the parties on 01.3.2004 and both the parties signed on a stamp of Taka 10/- giving him the power as an arbitrator. Thereafter said arbitrator Mr. Maksud Miah on 15.3.2004 asked the complainan......27. Lawyers Involved: Md. Zahirul Islam with M. Masud Alam Chowdhury, Advocates-For the accused petitioner. Md. Shahidul Islam-For the opposite party No. 2. Ms. Maksuda Akter, Assistant Attorney General-For the State. Criminal Miscellaneous Case No. 3889 of 2005. Judgment Md. R......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ..Category: Criminal Law | Date: | Hits: 93
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......tayed the appointment of Class III and IV employees until further order and lastly on 20.11.2004 (Annexure-D to the writ petition) cancelled the whole process of recruitment order the aforesaid manpower without giving any cogent reason. But by a held melodramatic way cancelled the order of cance......ladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka 1000 and others......... Respondents. Judgment November 08, 2009. Cases Referred to- Abdur Rahim and others Vs. Bangladesh, 48 DLR 538; Director General NSI Vs. Md. Sultan A......rent employees by the executive government is defecated”. We being in humble agreement that the Lordships, accordingly hold that while the government issued the order vacating the stay partly granted on 28.10.04 but long and unreasonable order of stay in respect of appointment of petitioner..Category: Constitutional Law | Date: | Hits: 132
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....erybody is under the law and nobody is above the law. The other meaning of the rule of law is that Government should be conducted within a frame work of recognized rules and principles which restrict discretionary power and our constitution is the embodiment of the supreme will of the people setting......dvocates-on-Record Association Vs. Union of India), 1993 (4) (SCC) 441 and the opinion of the Supreme Court in the Presidential Reference (Reference No. 1 of 1998). It is time the original balance of power is restored". 7. This recommendation is mainly based on the views expressed by J.S. Verma,......r Rahman, Advocate and others ........Respondents (In Civil Petition No. 2056 of 2008) Judgment February 25, 2009. Result: The Judgment is passed with some observations. Cases Referred to- Al-Jehad Trust Vs. Federation of Pakistan, P.L.D. 1996 Vol-1 page 324; Anwar Hussain Chowdhur......ional Judges. 53. Dr. Kamal Hossain at the outset took the floor out of turn and makes an emotional and passionate appeal that the leave petitions taken up for consideration be disposed of without granting leave with minor modification in the impugned judgment by rejecting the appointment of ten ..Category: Constitutional Law | Date: | Hits: 251
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......sent: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People......oner’s company for setting up Jute Mills through the E.P.I.D.C.under Rule 167 of the Government Estate Manual for which Miscellaneous Case No.2 of 1962-63 was initiated. Though the lease was granted for 60 acres of land but possession of 49.83 acres of the same only could be handed over to..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......vision Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 51
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