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Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....and there 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: 15 MLR (AD) (2010) 99. ......Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 536 of 2008. (From the judgment and order dated 13.11.2007 passed by the High C......We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there 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 Reporte......and there 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: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....to the Election Commission to hear and determine it and the decision of the Commission on such reference shall be final. (5) Parliament may, by law, make such provision as it deems necessary for empowering the Election Commission to give full effect to the provisions of clause (4)’. 29. From......hondker Delwar Hossain……………………Petitioner Vs. The Speaker, Bangladesh Jatiyo Shangshad (Parliament)………………Respondent Judgment August 27, 1998. Cases Referred to- Rabi-S Naik Vs. Union of India AIR 1994(SC) 1558; Brundaban Nayak Vs. Election Commission of ......Hasan Shaheen, Assistant Attorney General and Bazlur Rahman Chana, Assistant Attorney General-for the Respondents. Writ Petition No. 1163 of 1998. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the refusal by the respondent No. 1, to refer the dis......itical party arises, the Speaker shall within seven days of being informed of it in writing by a person claiming the leadership of the majority of the members of that party in parliament, convene a meeting of all members of Parliament of that party in accordance with the Rules of Procedure of Parl..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....t circular dated 17.11.1999 shows that application was invited for 23 posts wherein 6 posts were M.L.S.S. In pursuance of project proforma out of 23 posts 21 posts were filled up by appointing the manpower the petitioners were appointed in the project on 22.06.2000 by the Director General of “Narc...... The People’s Republic of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka and others.….Respondents. Judgment October 25, 2009. Case Referred to- Budhan Vs. State of Bihar AIR 195 (SC) 191. L......he Respondents Writ Petition No. 10002 of 2007. Judgment Md. Nuruzzaman J.- This is an application under Article 102 of the Constitution upon which instant Rule Nisi was issued calling upon the respondents should not be directed to absorb the petitioners in the revenue budget ......invited an inter Ministerial Meeting with regard to the absorption of 23 (Twenty three) posts of the project in revenue budget. Accordingly, inter Ministerial Meeting was held on 26.07.2001. The said meeting was hled on 26.07.2001. Wherein decision was taken to create the 23 posts for Central Chemic..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
.... Election Commission to hear and determine it and the decision of the Commission on such reference shall be final. (5) Parliament may, by law, make such provision as it deems necessary for empowering the Election Commission to give full effect to the provisions of clause (4). 14. It ......tariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999. Cases Referred to- Ghulam Muhammad Mustafa Khar Vs. Chief Election Commissioner of Pakistan, PLD 1969 Lahore...... been alleged that the said members of Parliament being the members of BNP and knowing full well that their own political party BNP is not a partner/supporter of the Hon’ble Prime Minister's so-called "consensus Government" have taken oath as Deputy Minister/State Minister of the Government ......litical party arises, the Speaker shall, within seven days of being informed of its in writing by a person claiming the leadership of the majority of the members of the party in Parliament, convene a meeting of all members of Parliament of that party in accordance with the Rules of Procedure of Parl..Category: Constitutional Law | Date: | Hits: 138
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ........Petitioner Vs. Md. Shahid Bepari @ Shahidullah and others…………....Respondents Judgment November 23, 2009. Result: The petition for leave to appeal is dismissed. Lawyers Involved: A. K. M. Zahirul Huq, Additional Attorne......tion and sentence of accused Elas Bepari @ Aklas is sustainable in law." It appears that the findings of the High Court Division is based on proper appreciation and evidence on record and call for no interference by this Court. Accordingly this petition for leave to appeal is di......nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ..Category: Criminal Law | Date: | Hits: 294
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....'s order by surrendering to the court for serving the sentence, and issuing ad interim order of stay of the non-existent proceeding inasmuch as the High Court Division does not possess any inherent power to pass such order. The petitioner's remedy lies in filing of appeal under section 10 of Crimi......Huq, Senior Advocate (Ahsanul Karim, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 160 of 2009. (From order dated 14.01.2009 passed by the High Court Division in ......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......y Commissioner, Dhaka….......Petitioner Vs Md. Chowdhury Alam…..........Respondent Judgment March 1, 2009. Lawyers Involved: Enayetur Rahim, Additional Attorney General instructed by Mrs. Sufia Khatun, Advocate -on-Record-For the Petitioner. Rafiq......nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..Category: Others | Date: | Hits: 98
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
....l allegations and asserting that land in question is khas waste land belong to the Forest Department as has been declared by the Government vide notification dated 18.11.1961 published in exercise of power conferred by Section 29 of the Forest Act, 1927 gazetted on 30.11.1961 and that the alleged sa...... Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respondent Judgment October 28, 2009. Lawyers Involved: Khalilur Rahman, Additional Attorney General, instru......gh Section-29 of the Forest Act,1927 submitted that the khas waste land is Forest Land and is protected. 9. The learned Additional Attorney General further submitted that it has been categorically stated in the affidavit-in-opposition that the registered deed of the petitioner is a forged...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..Category: Property Law | Date: | Hits: 21
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....tioner to highlight his case before the Court. But this opportunity was not allowed to him. This is an error which requires our interference. 11. However, since this involves exercise of the power as envisaged under Order XLI rule 27 of the Code of Civil Procedure, instead of granting leave...... Petitioners. Harunur Rashid, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. Civil Petition for Leave to Appeal No. 206 of 2009. (From the Judgment and order dated 10.03.2008 passed by the High C......upport of his contention the certified copy of the said deed was produced in the Trial Court but neither explained the reason for not producing the same in his written statement nor took any step calling for the volume from the office of the concerned Sub-Registrar. As such, the certified co......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..Category: Property Law | Date: | Hits: 19
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......etitioner. Not represented- the Respondents. Civil Review Petition No. 8 of 2009. (From the judgment dated 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of 2007.) Judgment Md. Abdul Matin J.- This review petition for le......at the plaintiff is entitled to the extent of 732 ajutangsha and the share of the defendant No.7 is 268 ajutangsha. These are all questions of facts finally decided by the High Court Division which call for no interference by the Court. We find no substance in this review petition which i......ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......Petitioner Vs Allama Delawar Hossain Sayedee and others........Respondents Order August 24, 2009. Result: The leave petition is dismissed. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Attorney, Attorney General, Ekramul Hoque, Assistant Attorney Genera......ision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......ision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ..Category: Others | Date: | Hits: 115
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....f 8.5% along with half yearly rent and the petitioner and his partner executed a promissory note to that effect. But neither the petitioner nor his partner executed any registered or unregistered power of attorney or any other kind of authorization whatsoever empowering the respondents for selli......9) Not represented-Respondent Nos. 1, 5 and 6 (In Civil Petition No. 832 of 2009) Not represented-Respondent Nos. 2-4 (In Civil Petition No. 856 of 2009) Civil Petition for Leave to Appeal Nos. 832 and 856 of 2009. (From the judgment and order dated 04.03.2009 passed by t......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and oth......on Bench of the High Court Division in Writ Petition No. 5778 of 2008 discharging the rule. 2. The short fact is that the petitioners filed the aforesaid writ petition and obtained rule Nisi calling upon the respondents to show cause why the order dated 6.7.2008 attaching the property of ...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...Category: Banking Law | Date: | Hits: 84
....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......ant Attorney‑General and Kumrunnessa, Assistant Attorney‑General‑ For the Respondents.
Writ Petition No. 3806 of 1998.
Judgement
Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why they shall not be directed to refrain from an a......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.
..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there 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: 15 BLC (AD) (2010) 140. ......ngh vs State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah vs State of Gujara, AIR 1972 SC 1776 and State vs Mukbul Hossain, 26 DLR 419. Lawyers Involved: SM Abdul Mobin, Deputy Attorney-General, instructed by Md Ibrahim Khalil, Advocate-on-Record—For the Petitioner (In all ca...... are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there 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 Reporte......nd there 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: 15 BLC (AD) (2010) 140. ..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....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...... 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 was always wit......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. ..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....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. ......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. ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 195
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....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......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. ......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. ..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. ......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......lf of the parties we find that the High Court Division dismissed the appeals on proper consideration of materials on record. Accordingly it does not suffer from any legal infirmity which does not call for any interference by this Court. In consideration thereof we do not find any substance in th......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. ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....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......person has undoubtedly the right to institute a suit for the protection of its interest. So long as there is a shebait in office, functioning properly, the rights of the deity, as stated above, practically lie dormant and it is the shebait alone who can file suits in the interest of the deity. When,......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. ..Category: Property Law | Date: | Hits: 29
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