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G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)

.... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ...... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ......s Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not Represented- For Respondent No. 2. Criminal Petition for Leave to Appeal No. 149 of 2004. (From the judgment and order dated 5.5.2004 passed by the High Court D......sioner and fixed the date for purchasing tender schedule on a holiday with a view to obtain financial benefit. It is further alleged that only four tenders were submitted and the accused No.3 was granted the lease of the Hat. Subsequently the lease was cancelled by the Deputy Commissioner direct..

Category: Anti-Corruption Laws | Date: | Hits: 81

Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)

....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ......f the materials on record bona-fide and without any malice or motive. He also submits that the Police Report is not conclusive and sacrosanct to be accepted by the Magistrate but the absolute power is with the Magistrate either to accept the Police Report or to direct for fresh investi...... Haque Chowdhury, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not Represented- For the Respondents. Criminal Petition for Leave to Appeal No. 430 of 2006. (From the judgment and order dated 28.8.2006 and 29.8.2006 passed......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ..

Category: Criminal Law | Date: | Hits: 38

Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)

....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......riminal Procedure, if, he can make out a case of quorum non-judice of the trial Court or that the facts alleged do not constitute any criminal offence. The High Court Division may exercise inherent power to quash a proceeding or even conviction on conclusion of trial if the Court concerned g...... Khondker Mahbubuddin Ahmed, Senior Advocate, represented by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 178 of 2004. (From the judgment and order dated 17-01-2004 passed by the High ......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ..

Category: Criminal Law | Date: | Hits: 42

Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)

.... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ......fter the war of liberation the whereabouts of Mrs. Rasheda Ashfaq could not be traced out and the house was occupied by some Unauthorised persons and that Mrs. Rasheda Ashfaq did never execute any power of attorney to Mr. A. M. M. Khan or anybody and as such he had no authority to transfer the p......vocate, with him) instructed by M. G. Bhuiyan, Advocate on-Record-For the Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1621 of 2005. (From the judgment and order dated 06.07,2005 passed by the High...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ..

Category: Property Law | Date: | Hits: 27

Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)

....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......arrant of arrest and detention of the judgment-debtor appellant in civil prison. 4. The High Court Division upon hearing both the parties discharged the rule holding that in view of the power conferred on the Artha Rin Adalat under section 6(Ka) the provisions of section 56 of the Cod...... defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into execution by filing Money Execution Case No.2 of 1991 and at one stage filed an application wit......d detention of the judgment-debtor appellant, a women, in civil prison if it (Artha Rin Adalat) considered fit and proper for the sake of realisation of money. 5. Leave was granted to consider the submission that the learned Judges of the High Court Division have com..

Category: Civil Law | Date: | Hits: 111

Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ...... Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented – the Respondents. Civil Petition for Leave to Appeal No.1298 of 2004. (From the judgment and order dated 18th April, 2004 passed by the ......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ..

Category: Property Law | Date: | Hits: 30

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......6. In elaborating his above point, the learned Counsel further argued that the High Court Division in revisional jurisdiction failed to exercise its discretionary power in not considering that the findings and decisions arrived at by the lower appellate Court a......ate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. Md. Nawab Ali, Advcate-on-Record - For Respondent No. 1 (a). Not represented - Respondent Nos. 1(b) to 1(i). Civil Appeal No. 20 of 1999. (From the Judgment and Order dated 10-06-1997 passe......pellant therefore or interfering in any way with the peaceful possession of the appellant therein. The case of the appellant was that the land in suit was government khas land. And government granted long term lease of the same to one Alizan on 17-08-1960, who was in possession therein by c..

Category: Property Law | Date: | Hits: 24

Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)

....h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......n us through the impugned judgment of the High Court Division and materials on record, contended that by amending the above mentioned provisions, the concerned person has been vested with exclusive power without providing any provisions for showing cause or of being heard in person and on a plai......ents Judgment May 02, 2006. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Pet...... "The petitioners challenged the amendment of Sections 4 and 6 of the Brick Burning (Control) Act, 1989. The amendment of Section 4 has been introduced with regard to some restriction of granting licence and in Section 6 with regard to inspection. The main contention has been raised b..

Category: Environmental Law | Date: | Hits: 517

Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)

....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ivision (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Lt...... Krishi Bank out of its fund and being approached the agreement No. 25 was executed on 15.06.1985 between the concerned parties including the plaintiff and the defendant No.5 and the plaintiff was granted sanction letter in 1985 on condition that the Krishi Bank would supply the machinery on pay..

Category: Civil Law | Date: | Hits: 103

S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)

.... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ...... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ......dvocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For Respondent No.2 (In both the cases). Not represented - Respondent No 1 (In both the cases). Civil Petition for Leave to Appeal Nos. 1077 & 1206 of 2006. (From the judgment and order dated 11.07.2006 passed ......to hand over the said plot to the writ petitioner. 3. The further case of the writ petitioner is that she was allotted a plot as mentioned above by DIT now Rajuk on 06.04.1962. The DIT granted 99 years lease in favour of the writ petitioner, which was executed and registered in 1967...

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......Settlement. Hence is this appeal. 5. In support of the appeal Mr. A. J. Mohammad Ali, learned Attorney General submits, inter alia, that the learned Judges of the High Court Division had no power to re-assess the evidence. But the High Court Division re-assessed the evidence and based its...... Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents Judgment May 04, 2005. Lawyers Involved: ......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..

Category: Property Law | Date: | Hits: 22

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......peal by special leave is against an order of mandatory injunction by a Single Judge of the High Court Division directing the appellants to remove certain structures raised by them, in exercise of his powers under section 115 of the Code of Civil Procedure, while disposing of a revisional application......��…………………………….Appellants Vs. Abu Bakr Siddique…………………………………………………………Respondents Judgment June 18, 1976. Cases Referred to- National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, 7 DLR 606; Israil vs. Shamsur Rahm...... possession in respect of the same. The learned Munsif also directed the issue of a notice calling upon the appellants to show cause within 7 days why temporary injunction as prayed for should not be granted. The appellants appeared in the suit on 31-3-75 and filed an application under Order 39, rul..

Category: Property Law | Date: | Hits: 31

Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)

.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ...... Lawyers Involved: N. K. Saha, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 538 of 2005 (From the judgment and order dated April 13, 2004 passed by the Hi...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ..

Category: Property Law | Date: | Hits: 21

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......itioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury M. Zahangir, Advocate-on- Record-For Respondent No. 4. Not represented- Respondent Nos.1-3 & 5-13. Civil Petition for Leave to Appeal No. 922 of 2003 (From the judgment and order dated 3.3.2003 passed by the High Court Di......is of the agreement and as such the possession of the plaintiff in the suit land is permissive and if possession is found to be permissive at its inception the possessor cannot claim adversely to the grantor of the possession and the question of adverse possession does not arise where there has been..

Category: Property Law | Date: | Hits: 39

Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)

.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......; Syed Mahbubur Rahman, Advocate-on-record-For Respondent Nos. 2, 3, 8. Not represented - Respondent Nos. 1, 4-7 & 9-11. Civil Petition for Leave to Appeal No. 768 of 2005 (From the Judgment and Order dated May 4, 2005 passed by the High ......e for permanent injunction if the plaintiffs are successful in proving prima facie title and exclusive possession, if the exclusive possession of the plaintiffs is established, suit for granting a decree for permanent injunction shall lie and a party not in possession may resort..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)

....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......oject for the period from July 1991 of 30th June, 2002 and they were appointed in Phase-I of the Project absolutely on temporary and contract basis. Sometimes infrastructure along with the manpower of a Development Project is transferred to revenue budget of the Government after completion ................Respondents (In Civil Appeal No. 39 of 2005) Judgment May 24, 2007. Lawyers Involved: Syeda Afser Jahan, Deputy Attorney General, instructed by Ferozur Rahman, Advocate-on-Record-For the Appellants (In both the Ap......ed to be employed in phase-II of the project." In other writ petition i.e. Writ Petition No. 4344 of 2003 the High Court Division held similar view mutatis mutandis. 7. Leave was granted to consider (a) whether the writ-petitioners were appointed in Phase-I of the Project ..

Category: Constitutional Law | Date: | Hits: 146

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......ew of the law as quoted above will be clear to any discerning person acquainted with the development of the law. It must be made clear that the law which we have declared has never granted absolute power either to the Government or to the President to make an order of detention even in the circums......ther ………………Appellants Vs. Mostafizur Rahman ………………………………….Respondent Judgment May 6, 2007. Result: The appeal is dismissed without any order as to cost. Cases Referred to- Mostafizur Rahman Vs. Bangladesh, 51 DLR (AD) 1; Kudrat-E-Elahi Pa......matter was referred to third Judge and the Rule Nisi issued in the writ petition finally discharged by majority judgment and order dated 09.12.1991. 3. Leave to appeal from the said judgment was granted on 30 April, 1992 to consider whether in the majority judgment the established principles of..

Category: Procedural Law | Date: | Hits: 107

State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)

....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......bsp; findings that the money in question was entirely in charge of Cashier, Abdus Salam Khan and only wrong found against the respondent was that the failed to exercise his supervisory power on day to days work of the Cashier inasmuch as the inquiry committee did not find the ......;………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers Involved: Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner. Not r......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ..

Category: Criminal Law | Date: | Hits: 62

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ......tion. This Court while dismissing the appeals held that the Arbitrator is a creature of the statute (Ordinance II of 1982) and under section 36 of the Ordinance he has been vested with some limited powers of Civil Court. Therefore, the Arbitrator has no power of review. It was further held that i......& another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, represented by Land Acquisition Collector, Dhaka & others ………….....Respondents (In all cases) Judg......days. We have heard Mr. Mahbubey Alam, the learned Counsel for the petitioner in all the petitions and perused the connected papers. 4. His only argument is that since this Court has granted enhanced amount, the appellant-petitioners were entitled to get 10% interest per annum..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)

....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......upati Mukhpadhaya who had been possessing the suit land. Modhu Sudan Mondal father of the plaintiffs continued a bargader under Pashupati Mukhpadhaya also, Subsequently Pashupati Mukhpadhaya gave a power of attorney in favour of Satish Chandra Chattopadhaya who had been possessing the said land....... Judgment March 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 580 of 2005. (From the judgment and order dated 09.04.2005 passed by the High ......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ..

Category: Property Law | Date: | Hits: 23

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