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Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
.... and that by SRO No.12 Law/39 dated 19 January 1993, Rule 5A was inserted in the Rules 1975 with a view to make permanent all those Nikah Registrars who having been appointed temporarily have completed two years on the date of commencement of the said new Rule 5 A and by SRO No. 10-Law......bsp; Md. Bazlur Mohammad .......................Petitioner. Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and parliamentary Affairs, Bangladesh Secretariat, Dhaka & others......Respondents Judgm...... his area has been curtailed which the Government is authorized under the law to do consequently, the petition is dismissed." 8. 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 illeg......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
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......ivision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited represente......ge of this Artha Rin Adalat No.1, Chittagong and as such the orders passed by this Additional District Judge in this Artha Rin Execution Case are illegal and that the auction sale of the mortgaged property of this petitioner was held in pursuance of the illegal orders passed by that Additi......nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..Category: Civil Law | Date: | Hits: 109
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......ported in: VI ADC (2009) 791. ...... 9. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that the trial Court on proper assessment of evidence decreed the suit. But the appellate court without averting to those f......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ..Category: Property Law | Date: | Hits: 27
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. ...... Md. Tafazzul Islam J Md. Abdul Matin J Md. Anwar Hossain……….........Petitioner Vs. Superintendent of Police, Khulna and others.........Respondents Judgment ......ioner conspicuously kept silent as to on which exact date his aforesaid appeal was rejected by the respondent No.2 but he, in his representation dated 21.07.92 addressed to the respondent No.3 property for reinstating him in service, at para 11 mentioned that "পুলù......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
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Md. Selim............Petitioner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petition is dismi......ge financial loss. 3. Mr. Abdul Baset Majumder, learned Counsel, appearing for the petitioner submitted that the judgment and order dated 25.10.2005 passed by the High Court Division is neither proper nor in accordance with law; that the SRO notification dated 20.10.1998 enhancing the duty o......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
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. ......m J Md. Tafazzul Islam J Md. Joynul Abedin J Abdur Rashid and others……………….......Petitioners Vs. Md. K......ransfer and they were not given any notice or offer to purchase the case land and the onus heavily lies upon the respondents to prove that the pre-emptors declined to purchase the property when offered which they failed rather D.W.1 in his cross-examination stated that he did no......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. ......ision (Civil) Present: MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Abdul Halim.........................Petitioner Vs. Md. Tatan Mia and others........Respondents Judgment January 9, 2008. Lawyers ......ch Plot No.697 consists of .58 acres and since Karim Munshi was the owner of 3.61 acres of land and there were several other plots, the extent of land inherited by his heirs may be determined in a properly constituted suit and will not debar the plaintiffs to get the decree for permanent injunct......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
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ed in: VI ADC (2009) 760, VIII ADC (2011) 350. ......dge, Barisal claiming inheritance from Achimunnessa through her daughter Elimunnessa and it was asserted that Achimunnessa died leaving behind her only daughter Elimunnessa who inherited her entire property duly and correctly recorded during R.S. and S.A.Khatian in the name of Achimunnessa and the......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without 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. ......5, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth......e remedied by judicial review. See article 103(3) barring any interim or other order in relation to any law to which Article 47 applies. The laws referred to in Article 47 embrace a wide variety of property rights, professional, occupational, trade and business rights, almost all embracing in swee......e appeals are allowed without 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. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... was ultra vires. That was the only constitutional question for decision before the High Court Division. 15. For good or bad, the Act has repealed the Ordinance. Repeal of a law means its complete abrogation by the enactment of a subsequent statute. CRAIES on Statute Law (Seventy Editio......riar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and others............Respondents (In both the appeal) Judgment April 19, 1998....... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... 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
.... the Respondents."
5. Being aggrieved by the judgment and order as passed by the High Court Division the respondent 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.
......244-246, 248-50 of 2005)
Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005)
Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005)
Vs.
Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals)
And
Md. Eunus and Brot...... submitted that the question whether the writ-petitioner was entitled to extension of time is a disputed question of fact which cannot be resolved in the writ jurisdiction and arbitration was the proper remedy which the writ petitioner did not avail.
8. In Writ Petition No.6895 of 2003 the le......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. ..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ....... XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque K......riminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal.......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ..Category: Criminal Law | Date: | Hits: 63
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ......Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J S.K. Khalilur Rahman and others…………..... Petitioners. Vs. Mrs. Mehe...... 2. The respondent as plaintiff instituted Title Suit No. 106 of 2001 in the Second Court of Joint District Judge, Dhaka against the petitioners praying for declaration of title to the property described in ‘A’ scheduled of the plaint and also for delivery of khas possess...... is a non-speaking order and no reason has been assigned for allowing the amendment and the court below has not come to any finding whether or not the proposed amendment is necessary for the proper adjudication of the real controversy between the parties” but even then discharged the Rule o..Category: Property Law | Date: | Hits: 24
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....case the High Court Division ought to have disposed of the Rule by awarding 25% solatium on the auctioned value to the auction purchaser as offered by the petitioners and that this Division, to do complete justice under Article 104 of the Constitution, may pass necessary order by awarding 25% so...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the Peo...... 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 auction sale of the properties of the petitioners published in the Daily Jugantor on 20.7.2005 and also all subsequent ......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: ...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam and others ........ Petitioners. Vs. Md. Abdur Rouf....... Respondent. Judgme......bitrary manner without any justification or evidence as to how such solatium was calculated and further solatium may only be paid in relation to losses suffered in transactions involving immovable property and not in relation to recovery of loan money. 4. We are of the view that the High ......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
.... “OF APPEALS” but the language used in both the sections is almost identical. The expressions “as he thinks fit” used in both the sections postulates that the third Judge is completely free in resolving the difference as he thinks fit and accordingly if he decides that the......mel Hossain J S. K. Sinha J Major Md. Bazlul Huda (Artillery)……….....Appellant (In Criminal Appeal No. 55 of 2007, Criminal Miscellaneous Petition No. 08 of 2001 and Criminal Review Petition No.03 of 2000). Lieutenant Colonel Syed Faruque Rahman…&......onding. The learned Judges of the High Court Division found that the warrents of their arrests were duly issued and when they could not be apprehended by the police inspite of their efforts, their properties both movable and immovable were attached in accordance with the provisions of the Code a......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
....cated in Sherniabat’s murder case since the cases were filed long ago and moreover the above statement was made while deposing before the Court and not before the police. Accordingly I am in complete agreement with the views of the second learned second Judge that the learned Sessions Judg......W.11, stated that he was a member of unit he on reaching at the parade ground he noticed that the parade was disorderly, that in the parade Farooque Rahman came there along with Major Ahmed Hossain and then Farooque Rahman and other officers went to the office of Mohiuddin (Lancer) and he also no...... 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. ...... 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
.... submitted that the decided cases of Bangladesh, Pakistan and India demonstrate that the third learned Judge has been endowed with wide discretion to decide how to deal with the case and that it is completely the third learned judge’s discretion as to how he will hear the case, (and in the ......inal.’’ ......ression to shake and lose their confidence in judiciary leading to devastating repercussion among them detrimental to establish rule of law. 359. We are shockingly in dearth of proper words to deprecate, condemn, disapprove and denounce such treacherous, immoral and unauthori...... 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
....ge. Supreme Court of India held that Section 429 of the Cr.P.C. contemplates that it is for the third Judge to decide on what points he shall hear arguments, if any, and that postulates that he is completely free in resolving the difference as he thinks fit. 480. In the case of Hethubha&...... time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......dge to decide on what points he shall hear arguments, if any, and it necessarily postulates that the third Judge is free to decide the appeal by resolving the difference in the manner he thinks proper.” Citing the case of Babu–Vs- State of UP reported in AIR 1966 SC 1467 it has b......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. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
.... what meets the eyes. The Chief Executive of the state must bear faith and allegiance to the Constitution. It demands not only belief in constitutional principles but a loyalty and devotion akin to complete surrender to the constitutional beliefs. This solemn affirmation was ignored by them when......er. ......s of ‘law’, thereby showing their adherence to the concept of rule of law as propounded by the latter viewers. If the relevant paragraph of the preamble is read as a whole in its proper context, there remains no doubt that the framers of the Constitution intended to achieve &l......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
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