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S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....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......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. ......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. ..Category: Tenancy Law | Date: | Hits: 185
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......2009). Not represented-Respondent Nos. 1-5, 8-9 (In Civil Petition No.541 of 2009). Not represented- the Respondents (In Civil Petition No. 542 of 2009). Civil Petition for Leave to Appeal Nos. 540-542 of 2009. (From the judgment and order dated 26.01.2009 passed by the ......as the Director of the said company and accordingly by letter dated 5th October, 2000 the petitioner tendered his resignation, pursuant to which a meeting of the Board of Directors of the company was called on 10th October, 2000 in the said meeting the resignation of the petitioner was on discussi......stances, the petitioner did not intend to continue as the Director of the said company and accordingly by letter dated 5th October, 2000 the petitioner tendered his resignation, pursuant to which a meeting of the Board of Directors of the company was called on 10th October, 2000 in the said meetin..Category: Business or Commercial Law | Date: | Hits: 216
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....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......me up with the instant leave petition. 4. Perused the leave petition as well as the judgments of the Court below and heard the learned Advocate. It appears though P.Ws. 1, 2, 3, and 5 have categorically stated about the dated of Kuti Bibi, Rahela and Daulat Bibi in the year 1984 and about the non......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
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ......mail Miah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioners (Appeared with the leave of the Court) Not represented-the Respondents. Civil Petition for Leave to Appeal No. 243 of 2008. (From the judgment and order dated 01.08.2006 passed by the High C......by the user as the products of the petitioner and of nobody else and further the Trade Mark GX 06661 is not in conflict with the opponents Trade Mark 00661 and as both are not same visually, phonetically and structurally and the number 00661 is of design only and the respondent No.1, only to del......ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ..Category: Intellectual Property Law | Date: | Hits: 211
....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......on payable for the services rendered, that PSI Agency does not render or perform any of the works done by the 'জরিপ সংস্থা’ that the services to be rendered by PSI Agency specifically have been mentioned in the PSI Order, 1999, that the services render by PSI Agency are in no w......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.
..
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. ......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 ......m of Taka 2,40,00,000 (taka two crore and forty lac) amounting Taka 1 crore and another cash cheque amounting Taka 40,00,000 (Taka forty lac only) was deposited in the account of a weekly publication called "the Khoborer Ontoraley" owned by the respondent No.1 on 17th February 2004 and 23rd April 20......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. ..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. ...... 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. ...... 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)
....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. ......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....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......rt Division did not directly rely upon the Nitimala, 2001 for the disposal of the writ petition. But this Nitimala is recognition of a long standing convention and the Bidhimala, 2002 does not specifically mention for whom such reservation has been made.
Rule 7 of বাংলাদেশ জু......g Wing into a full fledged Division. He has, in reality, filed that writ petition at the instance of some other interested persons belonging to Bangladesh Judicial Service Association. Minutes of the meetings of Bangladesh Judicial Service Association, is a clear proof of his mala fide intention as ..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
.... 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......t. Leave has been prayed for filing appeal against the judgment and order dated 20.5.2007 passed in Civil Revision No. 3872 of 2004 by the High Court Division discharging the rule, which was issued calling in question the judgment and order dated 26.7.2004 passed in Civil Revision No. 14 of 2004 b....... 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)
....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. ......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
....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 ......e 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 was always wit......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.
..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....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. ......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)
.... 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. ......nes section 3(1) and 17 (2) (b) of the Madrasa Education Ordinance, 1978 but also offends the principle of natural justice in canceling the recognition of the Madrasa as no prior notice was issued calling upon the concerned Madrasa authority to explain their position. We......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. ..Category: Employment/Service Law | Date: | Hits: 146
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....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......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....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......e trial court as well as the appellate court below have decided all the issues involved in the case on the basis of evidence on record the impugned judgment for remand by the High Court Division is uncalled for and as such not tenable in law. Mr. Ahmed on the other hand while supporting the impugned......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. ..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....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......wear affidavit of this writ petition with the photocopy of the letter of authorization". 3. Pursuant thereto a Division Bench of the High Court Division issued a rule nisi on 17th September, 2008, calling upon the respondents, the petitioner and others, to show cause as to why the judgment and or......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. ..Category: Anti-Corruption Laws | Date: | Hits: 211
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....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: 17 BLT (AD) (2009) 306. ......(2009) 306. ......ion 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 Report......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: 17 BLT (AD) (2009) 306. ..Category: Civil Law | Date: | Hits: 191
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....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 ......ing the Rule. The High Court Division on detailed discussions on the issues involved has arrived at its decision with cogent reasonings, which 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 al......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)
....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......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. ......it-petitioner was expecting a positive result but abruptly on 10.10.2002 writ-respondent No.4 wrote a letter bearing Memo No.COM/RC/S/L/461-462/CRD-2 to the writ respondent No.3 alleging that in a meeting held on 14.8.2002 between the permanent committee and the two tenders it was decided to inc..Category: Civil Law | Date: | Hits: 149
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