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Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
....ice and others, 50 DLR (AD) 82, and the case of Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 16 BLD (AD) 110 held that the Government has the power under the second proviso to section 4 of the Act to extend, curtail, alter or otherwise alter......p;...............Petitioner Vs. Md. Hafizuddin Ahmed and others…………........Respondents Judgment January 27, 2008. Cases Referred to- Mvi Md. Khurshid Alam vs. Secretary, Ministry of Law, Justice and others, 50 DLR (......he view that the High Court Division, on due consideration of the materials on record discharged the Rule and there is no illegally 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 Re...... 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: V ADC (2008) 793. ..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....ional Court is permit-ted to reassess the evidence in the light of the pleadings of the parties and also may consider all other evidence on record and is not restricted in exercise of its revision-al power as is limited under Section115 (1) of the Code of Civil Procedure. 6. The High Court Divis......: A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by ......of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789...Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 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: V ADC (2008) 786. ...... Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 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 al......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: V ADC (2008) 786. ..Category: Alternative Dispute Resolution | Date: | Hits: 192
Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)
....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......llip;…………….Respondent Judgment May 4, 2008. Lawyers Involved: ABM Bayezid, Advocate-For the Petitioner. Abdur Rouf, Deputy Attorney General - For the Respondent. Jail Petition No. 6 of 2004 With Criminal......e in their defence. The defence however took up a plea that the victim Hazera succumbed to the shock-injury caused by fear when she went out of her hut in the night of occurrence in response to the call of nature. 4. The learned Judge of the Nari-O-Shishu Nirjatan Daman Tribunal on consid......in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ..Category: Criminal Law | Date: | Hits: 51
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....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 in: V ADC (2008) 690. ...... 690. ......on of the evidence and materials on record arrived at a correct decision. The learned counsel also 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 in: ......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 in: V ADC (2008) 690. ..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....nfirmity 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: V ADC (2008) 687. ...... Judgment August 6, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 572 of 2005. (From the judgment and order dated 30th March, 2005 passed ...... evidence and the materials on record arrived at a correct decision. The learned counsel also 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 a......nfirmity 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: V ADC (2008) 687. ..Category: Property Law | Date: | Hits: 25
Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
.... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ....... Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 236 of 2005. (From the Judgment and Order dated March 8, 2004 passed by the Hi...... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ...... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ..Category: Property Law | Date: | Hits: 21
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 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: V ADC (2008) 673. ......slam Bhuiya, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-4. Not represented- Respondent Nos. 5-14. Civil Petition for Leave to Appeal No. 954 of 2005. (From the judgment and order dated 28th March, 2005 passed by the......deration of the evidence and the materials on record arrived at a correct decision. The learned counsel could not point at any error 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 R...... 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: V ADC (2008) 673. ..Category: Property Law | Date: | Hits: 20
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....y 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: V ADC (2008) 667. ......dgment August 31, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 940 of 2005. (From the judgment and order dated 5th April, 2005 passed by the ......on of the evidence and 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 Rep......y 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: V ADC (2008) 667. ..Category: Procedural Law | Date: | Hits: 68
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......ecord-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1, 2, 9-12. Not represented- Respondent Nos. 3-8 & 13-17. Civil Petition for Leave to Appeal No. 1685 of 2003. (From the Judgment and Order dated June 29, 2003 passed by the H......ith the same since on perusal of the materials on record we are convinced that although the judgment do not confront to the accepted forms or kind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ..Category: Property Law | Date: | Hits: 20
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
...., to cancell the appointment of the plaintiff made by the Chairman, that the Secretary whose appointment as Chairman of the Zilla Parishad was only a stop gap arrangement was not invested with the power and authority of the Chairman of the Zilla Parishad in matters of appointment and cancellatio......the defendant No. 1 against the judgment of the. High Court Division dated February 1, 1999 in Civil Revision No.1182 of 1997 making the Rule absolute upon reversing the judgment and decree dated October 7, 1996 of the Court of Subordinate Judge (now Joint District Judge) Faridpur, in Title Appe......as Lower Division Assistant Cum Typist and the next higher post thereof is Upper Division Assistant, that the Chairman of the relevant time used to perform the functions of the Zilla Parishad whimsically and for that he was removed, that immediately before his removal the Chairman in hot haste p......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ..Category: Civil Law | Date: | Hits: 107
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....n the purview of clause (2) of Article 103 which provides for appeal to this Court as of right. Under the new dispensation the petitioners have only the right to seek leave for appeal. This Court's power under clause (3) of Article 103 to interfere in suitable cases where miscarriage of justice ......ent No. 3. (In Civil Petition No. 308 of 1991). Not Represented ‑ Respondent Nos. 1-2 & 4‑5. (In Civil Petition No. 308 of 1991). Civil Petition for Leave to Appeal Nos. 291 & 308 of 1991. (From the judgment and order dated 5th June, 198......urt in its judgment directed that the ratio is to be maintained annually and the appointments by promotion prior to 1975‑76 are to be taken into account or that respondent No. 3 would automatically be placed above all the direct appointees. We do not find any substance in this......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ..Category: Administrative Law | Date: | Hits: 180
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
....bsp; May 20, 2003. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 49 President's prerogative of mercy Article 49 of the Constitution gives the widest power to the President and no word of limitation can be indicated in the said Article and the order ...... May 20, 2003. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 49 President's prerogative of mercy Article 49 of the Constitution gives the widest power to the President and no word of limitation can be indicated in the said Article and the order so pas...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
.... provision of Ordinance No. 54 of 1985 was duly issued and served before listing the property in question in the list of abandoned buildings. 19. The law is now settled as to the extent of power of the High Court Division while exercising jurisdiction in certiorari in respect of the judg......c of People’s Republic of Bangladesh.......... Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh v......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....not giving an opportunity of hearing to the writ petitioners. Again, the Controller of Imports and Exports had acted merely under the direction of the Government without independent exercise of his power in accordance with Articles 6, 8 and 9 of the Importers, Exporters and Indentors (Registrati...... December 11, 1997. The Importers, Exporters and Indenters (Registration) Order, 1981, Articles 6, 8 & 9 There had been violation of natural justice in not giving a hearing to the writ petitioners and the Controller of Import and Export acted at the behest of the governm......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..Category: Business or Commercial Law | Date: | Hits: 89
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
....its limit asking a person to attend its office and to, furnish papers in connection of an inquiry. 7. The High Court Division while discharging the Rule has observed that section 3(2) of the Act empowers the Bureau of Anti-Corruption to hold an inquiry and that in the notice issued in connection ......o- 51 DLR 72. Lawyers Involved: Ajmalul Hossain, QC instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal 1614 of 2002. (From the judgment and order dated July 24, 2002 passed by the High Court......t Division was in error in holding that section 3(2) of the Act empowers the officer of the Bureau of Anti-Corruption Corruption to exercise powers of an officer-in-charge of a Police Station, specifically those are in section 94 of the Code of Criminal Procedure since powers in section 3(2) and 3(3...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....quo;s predecessor and the defendants Nos. 1-19 were included as plaintiffs. But, as a matter of fact, the said Khalilur Rahman alias Ibrahim Howlader predecessor of the plaintiff, never signed the power and the plaint; that he did not know anything about the suit; the signatures in the plaint an......vocate-on-Record-For the Petitioners. ABM Siddique, Advocate-on-Record-For Respondent Nos. 17-26. Not represented— Respondent Nos. 1-16, 27-201. Civil Petition for Leave to Appeal No. 1456 of 2001. Judgment ......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ..Category: Property Law | Date: | Hits: 102
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....d. He submits that the High Court Division committed an error of law, inasmuch as the High Court Division has erroneously taken the view that under section 26(2) of the ACC Act the Commission has the power to convict an individual who fails to submit a statement of assets, or submits a statement of ...... section 26(2) The Anti Corruption Commission Rules, 2007, rule 17 A notice under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 17 of the Rules 2007 asking the writ petitioner to submit a complete statement of her property and sources of her income does not offend her right g...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ..Category: Anti-Corruption Laws | Date: | Hits: 144
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
.... of land of the suit plot but that will not bring the suit out of the mischief of section 14A of the Act. 14. The learned Attorney General lastly argued that in this court in exercise of the power conferred under Article 104 of the Constitution can do complete justice and dispose of the m...... Vs. Shamirunnessa Bibi, being dead her heirs:-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. V......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..Category: Property Law | Date: | Hits: 25
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t 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 Reported in: ...... Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. Cases Referred to- 17 BLD (AD) 118; 49 DLR(AD)161; 47 DLR(AD) 71; 15 BLD(AD)175. Lawyers Involved: ...... of the view of 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 Re......t 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 Reported in: ..Category: Property Law | Date: | Hits: 26
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