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Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....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) 153. ......m Mainuddin, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For Respondent No.1-2 (In both cases). Not represented-Respondent Nos. 3-11. Civil Petition for Leave to Appeal No.1388 of 2007. And Civil Petition No. 454 of 2008. (From the ju...... of the view of 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) 153. ..Category: Property Law | Date: | Hits: 18
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......dgment November 14, 2007. Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 478 of 2006 (From the judgment and order dated 03-08-2005 passed by the High ......erused the materials on record and reasons to believe that the submissions of the learned Advocate for the petitioner have got no substance and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case i......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ..Category: Property Law | Date: | Hits: 37
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 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) 142. ......(AD) 174. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner S.R. Khosnabish, Advocate-on-Record-For Respondent Nos.1. Civil Petition for Leave to Appeal No. 800 of 2007. (From the judgment and order dated 8.3.2007 passed by the High C......equently according to FIRISTY and the Court, under sub-section 4 of section 9 of Artha Rin Adalat Ain, may accept the same against C. P. cost and further section 11 of the above Ain has specifically made provision for reply of the plaintiff against the written statement but there is no scop......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) 142. ..Category: Civil Law | Date: | Hits: 106
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....ppears that the trial court examined and compared the signature of the executant in the kabala dated 01.01.1987 with the admitted signature of the plaintiff petitioner in exercise of its power under Section 73 of the Evidence Act. 12. The trial court held that signature appearin...... Mosihuzzaman, Advocate instructed by Mr. Md. Nawab Ali, advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1589 of 2006 (From the judgment and order dated 14.05.2006 passed by the High......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ..Category: Property Law | Date: | Hits: 21
Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)
....nter alia, that 306 employees of the TCB have been released from their services on the ground that their services were no longer required for the organization and that the Government reduced the manpower of TCB from 541 to 235 and thus to release 306 employees and this was a policy decision of t......order under Memo No. BAM/OBA-3/PROSHA-2(JOOPU)/02/380 dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No. 4 and communicated to the writ petitioners on 19.09.2002 (Annexure-A) informed them that they have been discharged from......e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ......e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ..Category: Employment/Service Law | Date: | Hits: 73
Md. Solaiman and others Vs. Bangladesh, 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) 121. ......ented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others .......Respondents. (In both cases) Judgment July 7, 2008. Case Referred to- State of Haryana and others vs. Lal Chand and others, AIR 1984 Supreme Court 1326. ......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......vernment raised objection on the free use of the said premises by the two trade unions of the Ministry of Industries and demanded rent from them and then on 31.3.2004, in the monthly co-ordination meeting of the Ministry of Industries for March 2004, it was decided that the unused premises of Sh..Category: Civil Law | Date: | Hits: 84
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 315 of 2005. (From the judgment and order dated 01.11.2004 passed by the High ......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......e the construction works of residential building of the Chairman of Dhaka Water Supply and Sewerage Authority was undertaken in 1989 through submission of a plan to the RAJUK for approval; a joint meeting of the officials of RAJUK and the officials of the respondent No.1 including the Chairman o..Category: Property Law | Date: | Hits: 28
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......eed ex parte on 15.2.1983. Then on depositing the balance consideration money on 6.9.1983 the appellant filed Execution Case No.30 of 1983. Subsequently the above execution case, being transferred to the Court of Subordinate Judge (now Joint District Judge), Gazipur, was renumbered as Execution ...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......sly ignoring this factum of knowledge of the original defendant and relying solely upon the service of summons of the original suit and on other irrelevant considerations allowed the appeal without meeting the finding of the trial court to the effect that the miscellaneous case is barred by limi..Category: Civil Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... aforesaid matters or situations. In the case of Government of Bangladesh Vs. Ashraf Ali and another reported in 49 DLR (AD), 161 it has been held that the High Court Division while exercising its power under certiorari in connection with the judgment of an 'inferior tribunal' is not within its ......AD), 166; Asma Begum Vs. Bangladesh and others (2001) 21 BLD (AD), 134; Mostafa Kamal Vs. First Court of Settlement and others 48 DLR (AD), 61. Lawyers Involved: A.J. Mohammad Ali, Attorney General, instructed by Wahidullah, Advocate-on-record- For the Appellants. Dr. Rafiq......rive at a view different from the tribunal in the absence of arriving at a finding that the view taken by the tribunal in the background of the materials noticed by it is not legally tenable or logically not well founded e.g. the case as the instant one. The High Court Division while examining t...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..Category: Property Law | Date: | Hits: 29
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....o-called special meeting held at the residence of authorized officer, respondent No.5. All the proceedings were done deploying police face at the instance of the local MP belonging to the party in power in a well planned evil political design and with the colourable exercise of the authority; th......or the Respondent No. 11. Not represented-Respondent Nos. 1-10, 12. Civil Petition for Leave to Appeal No. 1042 of 2007. (From the judgment and order dated 10.06.2007 passed by the High ......e intention to remove him from the offence of the Union Parishad Chairman. On the other hand, from the materials on record it appears that all the members did not voluntarily sign on attend the so-called special meeting held at the residence of authorized officer, respondent No.5. All the procee......pon the petitioner vide Memo No.Gd, Gm,Gm, wc/m`i/mybvg/04/100(5) dated 27.07.2004 to show cause within 07(seven) days upon receipt of the same as to why decisions should not be taken in a special meeting for removal of the petitioner from the office of the Chairman of the union parishad. The p..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....dings of Mortgage Suit No.33 of 1991 pending before the Artha Rin Adalat, Chittagong. 3. In the meantime the petitioner appeared in the above matter (Writ Petition No.2727 of 2000) by filing power through their respective lawyer and ultimately on 11.01.2004 by judgment and order passed by......r. Mahmudul Islam, Senior Advocate, instructed by Mahbubur Rahman, Advocate-on Record- For the Respondent No. 1 Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1001 of 2004. (From the judgment and order dated 11.01.2004 passed by the High......cle 102 of the Constitution of the People's Republic of Bangladesh before the High Court Division and on hearing on the 21st day of May, 2000 the High Court Division was pleased to issue Rule Nisi calling upon the respondents petitioner to show cause as to why the impugned order dated 21.01.1996......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..Category: Property Law | Date: | Hits: 37
Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....e 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) 6. ...... Md. Abdun Nur, Advocate-on-Record- For the Petitioners Miron Alam, Advocate, instructed by Mrs.Sufia Khatun, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1080 of 2007. (From the judgment and order dated 7.5.2007 passed by the High C......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 Rep......e 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) 6. ..Category: Employment/Service Law | Date: | Hits: 122
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....derived by the accused by the commission of the offence and may also order confiscation of the whole or any part of the property of the accused to the Government." 20. It is true that the power to confiscate was added by Ordinance No.6 of 1978 by section 8 thereof but fact remains that i......ppeal Nos. 1-2 of 2001) Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant (In Criminal Appeal No.3 of 2001) Zahurul Islam Mukul, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent (In all the a...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... 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: 14 MLR (AD) (2009) 111. ...... Mahbubey Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by the High C......proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at 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 Reported ...... 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: 14 MLR (AD) (2009) 111. ..Category: Property Law | Date: | Hits: 27
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
.... emergency has been proclaimed in the country Vide Gazette Notification No. San/Raj-2/Ja-oh/13-2007/98 dated 11.1.2007 being Emergency Order No.1 dated 11.1.2007 and in exercise of the power under Article 141 C(i) of the Constitution the cases now pending for enforcement of the&......instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner (Appeared with leave of the court). Not Represented- the Respondents. Civil Provisional Petition for Leave to Appeal No. 83 of 2007. (From the order dated 5.2.2007 passed by the High Court Division ......ranteed under the Constitution. After hearing the learned Advocate of the writ petitioner for the said Writ Petition No.988 of 2005 by way of motion the High Court Division issued Rule on 19.2.2005 calling upon the respondents to show cause as to why the impugned section 47(3) of the Artha Rin A......ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ..Category: Civil Law | Date: | Hits: 80
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......ul Abedin J Md. Hassan Ameen J M/S. Meghna Dairy and Food Products Ltd……………………. Petitioner Vs. Commissioner of Customs and others ........Respondents Judgment December 11, 2007. Case Refe......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ...... D.O.H.S on 23.05.1993. Vacant possession was delivered and lease deed was executed on 10.06.1993. He applied for approval of the plan and after obtaining necessary approval of the plan from the Cantonment Board, mortgaged the said plot and obtained loan for construction of residential building ......n 1995. She got a letter from the Bank with a request to register the mortgage deed which she refused. This made her husband writ petitioner respondent No.1 angry and he started to torture her physically and accordingly, filed the malafide and false case. 5. Leave was granted to consider the su......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....ourt Division calling for interference. 8. As stated above leave was not granted to consider whether the High Court Division was in error in not commuting the sentence in exercise of power as in section 561A of the Code of Criminal procedure. It has already been mentioned the conte...... and another Vs. Sonali Bank and others, 37 DLR (AD) 42. Lawyers Involved: A.B.M. Bayezid, Advocate-For the Appellant. Mrs. Umme Kulsum, Begum, Deputy Attorney General-for the Respondent. Jail Appeal No. 01 of 2005 (From ......the law or in other words offends the provision of law. 6. The Courts of facts discussed the evidence on record and held the convict was guilty of the offence he was charged and called upon to answer, if any. The courts of facts consideration the evidence of P.W4 and placed rel......tional plenitude of the powers of the Apex Court is to ensure due and proper administration of justice and is intended to be co-extensive in each case with the needs of justice of a given case and to meeting any exigency. Very wide powers have been conferred on this Court for due and proper adm..Category: Criminal Law | Date: | Hits: 62
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......sp; Civil Petition for Leave to Appeal No. 525 of 2005. (From the judgment and order dated 20th April, 2005 passed by the......ished in 1950 and its founder is Mozahedul Azam Hazrat Moulana Shamsul Huq Faridpuri (RW); that the main objects of the petitioner's organization, inter alia, is to promote and preach Islam and to call people towards Islam, to guide the people to the true Islamic teaching and to get believed in ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ..Category: Constitutional Law | Date: | Hits: 114
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ...... Md. Tafazzul Islam J Md. Abdul Matin J S.M. Fazlul Haque Manik......Petitioner Vs. Md. Habibullah Baher and others............Respondents Judgment October 3, 2007. Case Referred To- Ansaruddin Ahmed, Nasir Miah and others Vs. Senior ......der for recounting of the ballot papers for proper adjudication of the Election Tribunal Case. This finding of the High Court Division being based on correct appreciation of facts and law does not call for any interference by this court. In view of our discussions made hereinabove we find ......ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ..Category: Election Law | Date: | Hits: 98
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