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....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 statutory power and that the petitioner did not even seek relief against a breach of statutory 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 ....../880 dated 11.03.2003 (Annexure-D) that the Superintendent Engineer, RHD, Sylhet Road Circle, Sylhet has referred a comprehensive Memo for information and necessary action stating that the tender was called on 29.08.2002 and received five tenders which on proper scrutiny were evaluated as under;
......irements of tender and in furnishing the necessary/required papers and documents including the "full particulars of the contractor's RHD registration book" which was decided at the 70th (2002-2003) meeting of RHD purchase committee. The respondent further alleged that while he was waiting to get..
Category: Civil Law | Date: | Hits: 212
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 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: ......ate instructed by Syed Mahbubar Rahman, Advocate-on-Record. Nurul Islam, Advocate-on-Record-For the Respondent No.4 Not represented- Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 524 of 2009. (From the judgment and order dated 01.02.2009 ...... and order dated 1.2.2009 of the High Court Division passed in Writ Petition No. 7492 of 2005 discharging the Rule. 2. Facts, in brief, are that the petitioners filed the above writ petition calling in question the provisions section 12(3) of the Artha Rin Adalat Ain, 2003, the notice for ......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: ..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so 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: ......09. Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 154 of 2009. (From the judgment and order dated 2.11.2008 passed by the ......on proper consideration of the materials on record arrived at a correct decision and already answered the above submissions and so 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 Re......ns and so 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: ..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
.... 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......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....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. ......rs and that at about 12 at mid-night, he came out of his room and noticed that while the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dalim to wait for some time and......th uniform and Farooque Rahman introduced them as Major Dalim, Bazlul Huda and the name of other person, he could not recollect that Farooque Rahman briefed them that on 15th August a meeting would be held at University wherein the President would declare monarchy, that they did not..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....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 ...... 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.’’ ...... 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.’’ ..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. ......four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......r Lancer Unit. Thereafter they were divided in six sections and proceeded towards the city in six trucks. This witness was also on duty on the north east corner of the Radio Station. P.W.25 catagorically stated that Lt. Col. Sayed Farook Rahman in collaboration with Lt. Col. Khondker Abdur Rashid......1975 Khondker Moshtaq had attended a conference at BARD, Comilla. After the conference Lt. Col. Khondker Abdur Rashid, a relation of Khondker Moshtaq accompanied by another army officer had secret meeting in the rest house with Khondker Moshtaq along with Mahbubul Alam Chashi, Taheruddin Thakur ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....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. ......not challenged by the defence in any manner. ......We may say that the Constitution is pervaded by the rule of law on the ground that the general principles of the Constitution (as for example the right to personal liberty, or the right of public meeting) are with us as the result of judicial decisions determining the rights of private perso..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....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......sulted in grave miscarriage of justice. This article reserves to this Court a special discretionary power to interfere in suitable cases when for special reasons it considers that interference is called for in the larger interest of justice.” 753. Similar views have ......nother truck. At about 4.30 A.M. they approached via Balurghat Cantonment-Rail crossing- Firm gate and from Firm gate they approached towards Dhanmondi Road no.32 through the Mirpur Road and at the meeting point of Road No.32, Mohiuddin (lancer) directed them to get down from the truck and therea..Category: Criminal Law | Date: | Hits: 291
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
.... 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......notice on the Dockyard on 30-8-1982 pointing out the violation of the tripartite contract, namely, importation of second-hand/reconditioned old engines for the said cargo vessels and called upon the Dockyard to effect payment of the amount already disbursed by the Sangstha along wi......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. ..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......f 2009). Tonai Mollah........................Respondent (In Criminal Petition No. 336 of 2008). Judgment May 24, 2009. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner (In Criminal Petiti......vespa motorcycle driven by Arshad alias Asad, the Advocate's clerk (attached to him when reached between Barsha Beauty Parlour and Sujan Hair Dresser, at a little distance of his residence, someone called him as Habib Bhai from the back. At this at the indication of the deceased, Arshad made 'th......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....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 ......were quite correct and that there was no error in any respect in the judgment of this Division in dismissing the leave petitions and, in that state of the matter, the judgment sought to be reviewed calls for no review. 21. As the review petitions have no merit, the same are dismissed......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)
....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......cellaneous Case No. 3889 of 2005. Judgment Md. Rais Uddin J. - This Rule on an application under section 561A of the Code of Criminal Procedure was issued at the instance of accused petitioner calling upon the opposite parties to show cause as to why the proceedings of C.R. Case No.54 of 2004......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)
....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...... Writ Petition No. 10488 of 2006. Judgment Md. Nuruzzaman J.- This Rule Nisi was issued calling the respondents to show cause as to why the long and unreasonable stay order dated 28.10.20......5 dated 12.07.2004 decided to filled up 70% vacant post of class III of different collectorate. The Divisional Commissioner, Chittagong after ascertained the total member of vacancies decided in a meeting to filled up 70% vacancies of Class III and IV employees of Collectorates under him by one..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ...... Judgment Md. Nuruzzaman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. 07(XÐ141) RvZxt wet/Kt ct/93/6026Ð(1) ZvsÐ 18Ð...... Writ Petition No. 2147 of 2007. Judgment Md. Nuruzzaman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. 07(XÐ141) RvZxt wet/Kt ......emically fit for appointment as a Principal of a decree college. 29. The submission advanced by the Learned Advocate for the Petitioner that the respondent no. 3 has taken decision in their meeting to recommended Mr. Syed Aminul Haque to appoint as principal of Syed Bazlur Haque Col..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....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......of the cases have been narrated in details in the main judgment. So I do not like to re-state those. 3. In these cases non-appointments of some judges of the High Court Division are challenged and called in question on the ground that they have not been appointed under Article 95 of the Constitut......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..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: ......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......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: ......rized occupants but in spite of that the unauthorized occupants did not hand over possession of the 10.17 acres of land within the Mills area. On bringing the matter to the notice of the Minister a meeting was held on 29.03.1993 directing eviction of unauthorized occupants and pursuant to the sa..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
.... principles governing the courts discretions in declining to answer a Reference- 1. When the manner in which the question is framed e.g. broad and general and vague terms, or when it is beyond the power of the court to decide it, it is not possible to answer. 2. Speculative opinion on hypothet...... Nayeem Mominur Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 ......orderly manner through different doors of the hall and at that time the officers including the Commanding Officers present ordered the BDR members to remain seated, but without paying any heed to the call of the officers they were leaving the Darbar Hall hastily. Command and control totally collapse......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709....... Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 158 of 2008. (From the judgment and order dated 27.09.2007 and 30.09.2007 passed by......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......acts necessary for disposal this petition for leave to appeal are that on 05.09.2000 victim A. H.M. Mohsin, along with 15/20 others, of whom some were standing outside the room, was having a business meeting in a room of the Town Primary School, when 4/5 terrorists appeared at the door of the room..Category: Criminal Law | Date: | Hits: 60
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....nexure-X(4), never originated from the Ministry of Works the Executive Engineer Sub-division-II, Mohammadpur Housing Estate, the respondent No.6, also filed affidavit-in-opposition stating that the powers of attorney are benami transactions and between the two, the attornies are the real benefic......ocate-on-Record-For the Petitioners (In all cases) Md. Ferozur Rahman, Advocate-on-Record-For the Respondent Nos.1-6. Not represented-Respondent No. 7. Civil Petition for Leave to Appeal No. 431-442 of 2005. From the judgment and order dated 04.09.2004 passed by the Hi......not be allowed to retrieve their steps and cancel the allotments. 3. The respondent No.1 opposed the Rules and filed affidavit-in-opposition as well as supplementary affidavits categorically denying that possession of the plots in question had been handed over to the petitioners and/......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
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