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National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....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 “আপà......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......mitted that the respondent was appointed as per Annexure-A to the writ petition and the appointment was approved by the Syndicate in its meeting on 14.10.2004. In the appointment letter it is unequivocally stated that the respondent was appointed on a substantive basis in a permanent post. The respo......o by a Board and found her guilty but the Authority instead of proceeding 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 submissio..Category: Employment/Service Law | Date: | Hits: 118
G M M Rahman Vs. State, 2009, 38 CLC (AD)
....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......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. ......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. ..Category: Criminal Law | Date: | Hits: 106
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....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 ......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: ......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: ..Category: Property Law | Date: | Hits: 97
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....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......II of 1959) whereby jurisdiction of all courts including the Supreme Court was ousted, it was held as under: "If a statute provides that an order made by an authority acting under it shall not be called in question in any court; all that is necessary to oust the jurisdiction of the courts is tha......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: ..Category: Criminal Law | Date: | Hits: 101
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1561 of 2008. (From the judgment and order dated 01.07.2008 passed by the Hig...... the Artha Rin Adalat as appearing in the impugned order, we are of the view that the High Court Division has correctly interpreted the law and passed the order in accordance with law, which do not call for any interference. We do not find any merit in this leave petition. Accordingly, the...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ..Category: Civil Law | Date: | Hits: 152
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....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......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. ......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. ..Category: Property Law | Date: | Hits: 106
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....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 ......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. ......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. ..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. ......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 ......y limitation since the same was file "after a long period of 20 years" i.e. from 1967, that from the perusal of the memorandum of appeal it appears that the appellant did not specifically made out any case for interfering with the judgment of the trial Court and that memorand...... 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. ..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....ere 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) 942. ......; November 9, 2008. Lawyers Involved: Md. Nawab Ali, advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1246 of 2007. (From the judgment and order dated 15.04.2007 passed by the Hig......eave to appeal is directed against the judgment and order dated 15.04.2007 of the High Court Division passed in Civil Order No.2382 of 2007 summarily rejecting the revisional application filed calling in question the judgment and decree dated 16.10.2006 of the learned Additional District Jud......ere 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) 942. ..Category: Property Law | Date: | Hits: 87
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....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....... 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 infirÂmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC...... USA for treatment, as per the provision of clause 21 of the Waqf Deed, also executed a deed appointing him as the sole Mutawalli in his place and after his appointment, he, as Mutawalli, had several meetings with the beneficiarÂies and hence they had full knowledge of his acting as the Mutawalli o..Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
.... 10 of 1963-64 as per the proviÂsions of Section 93A of the Town Improvement Act, 1953. The Government by the said gazette notification withdrew 14.68 acres of land from acquisition exerÂcising 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. ......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)
....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......Power to stop and search conveyances), 107 (Power to examine persons), and 110 (Seizure of goods). Thus in India by specific Notification Police officer and Coast Guard have been entrusted specifically certain powers under the Customs Act, 1962. 26. Our Customs Act was promulgated in 1969 (A......And-Corruption to initiate investigation; its Chairman did not express dissent when the Anti-Corruption Council by a Resolution finally decided to prosecute the Customs Officer though he attended the meeting of the Council; the Board also did not think it proper to refuse sanction for prosecution of..Category: Fiscal/Taxation Law | Date: | Hits: 129
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. ......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......urts below is based "on misreading and non-reading and non-consideration of the evidence of (sic) record" and thus the appellate Court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now settled as to the extent of ju......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. ..Category: Property Law | Date: | Hits: 35
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
.... 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......urt of Wards (Amendment) Act, 1952 (Act X of 1952). Then, under section 2A of the Bangladesh Laws (Amendment) Ordinance, 1976 (Ordinance IX of 1976) the Commissioners shall, until otherwise specifically provided for by law, possess and exercise within the powers and authority now vested in the C......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. ..Category: Property Law | Date: | Hits: 67
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....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......f 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 Rep......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
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....re 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) 780. ....... Sharufuddin Mollahas 54 DLR (AD) 120. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 549 of 2006. (From the judgment and order dated 23.3.2006 passed by the High ......f 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 Repo......re 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) 780. ..Category: Administrative Law | Date: | Hits: 162
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re 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) 772. ...... Nawab Ali, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-60. Civil Petition for Leave to Appeal No.1854 of 2007. (From the judgment and order dated 5.11.2007 passed by the High ......f 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 Repo......re 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) 772. ..Category: Property Law | Date: | Hits: 23
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......cate on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 486 of 2006 (From the judgment and order dated 9.2.2006 & 12.2.2006 passe......ision on proper consideration of the materials on record discharged the Rule. The learned counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Repo......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....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 ......100, it was held by the Supreme Court of Pakistan in the case of Province of West Pakistan Vs. Din Muhammad, PLD 1964 (SC) 21=16 DLR (SC) 58, that an adminisÂtrative instruction, though not specifiÂcally described as "order making a rule", contained in a memorandum issued by an authority competent......of 2000 and 5362 of 2000 declaring the impugned order in Memo dated 27.9.1998 Annexure-'k' issued by the responÂdent No. 1 and the impugned decisions under item nos.12 and 13 as adopted/taken at the meeting of the Standing Committee comprising of writ respondent Nos.3,5 and 6 on 2.6.1999 and 20.9.1..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....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......gnant to the Constitution. 19. Except on grounds of jurisdiction etc. as above all laws made during the period between the 15 August, 1975 and the 9th April, 1979 "Shall not be called in question in or before any court, tribunal or authority on any ground whatsoever" (Pa...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
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