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Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)

....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......D) 215. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 991 of 2004. (From the judgment and order dated 2.5.2004 passed by the High Co......t a correct finding. The learned counsel appearing for the petitioner could not point out any misreading or non-consideration of the materials on record and/or any illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. ......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ..

Category: Property Law | Date: | Hits: 26

Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)

....ut any illegality 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: 16 BLT (AD) (2008) 94. ......ata Bigraha reported in 36 DLR 4716 DLR (SC) 457 Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 359 of 2005. (From the judgment dated 14.1.2004 by the High Court Division passed i......on of the evidence and the materials on record arrived at the correct decision. The learned counsel could not point out any illegality 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: 16 BLT......ut any illegality 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: 16 BLT (AD) (2008) 94. ..

Category: Tenancy Law | Date: | Hits: 147

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

....said decision is in fact for the proposition that: "We see no reason why in our country as well the void created by the absence of law and rules under Article 133 cannot be filled up by executive power under Article 55(2) expressed to be taken in the name of the President (Article 55(4). Such ex......H.P. v. Nodha Ram, SCC pp. 478-79. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam, Advocate-on-Record- For the Appellant. Anwarul Azim Khair, Deputy Attorney General, instructed by Firoj Shah, Advocate-on-Record-For the Respondents. Civil Appeal N......SC) 100, it was held by the Supreme Court of Pakistan in the case of Province of West Pakistan Vs. Din Muhammad, PLD 1964 (SC) 21=16 DLR (SC) 58, that an administrative instruction, though not specifically described as "order making a rule", contained in a memorandum issued by an authority competent......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..

Category: Administrative Law | Date: | Hits: 136

Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....r 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: 16 BLT (AD) (2008) 76. ...... Md. Arab Ali 7 BLC (AD) 1. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Division in C......e) of section 56 of the Specific Relief Act which provides that an order of mandatory injunction can not be granted to prevent the breach of a contract the performance of which could not be specifically enforced; the breach of contract for personal service can not be restrained by court ordering......r 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: 16 BLT (AD) (2008) 76. ..

Category: Employment/Service Law | Date: | Hits: 84

Abdul Huque and others Vs. State, 2007, 36 CLC (AD)

....cognizance is taken by appropriate Court, there is hardly any scope for saying that charge sheet would lead to abuse of the process of the Court, because the court competent to try the case has ample power to refuse taking cognizance of the offence on the facts disclosed in the police report and pas......nior Advocate, Mvi. Md. Wahidullah, Advocate-on Record - For the Petitioners (In Criminal Petition No. 239 of 2004) Not represented -Respondents (In all the cases) Criminal petition For Leave to Appeal Nos. 262, 237 & 239 of 2004. (From the judgment and order dated 17.5.2004 passed b...... this Division and also 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 interference. All these petitions are dismissed. Ed. This Case is also Reported......e layout plan of RAJUK it was earmarked and shown as commercial plot; inspite of repeated objection raised by the Directorate of Architecture, Mr. Ashrafuddin in collusion with the then Minister in a meeting presided by the Minister on 22.5.1995 allotted the said 4 plots as industrial plots to 4 pri..

Category: Anti-Corruption Laws | Date: | Hits: 152

Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)

....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......��…………………………………………………Respondents Judgment March 14, 2005. Result: The appeal is allowed. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by B. Hossain, Advocate -on-Record-For the Appellant. Abdul Wadud Bhu......s out of the judgment and order dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 making the Rule absolute. 2. The respondent No.1 filed the above writ petition calling in question the judgment and order dated 10.11.93 passed by the 1st Court of Settlement, Dha......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..

Category: Property Law | Date: | Hits: 28

Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)

....passed without lawful authority on the finding that the cognizance was taken by the Special Martial Court No.4 at a time when the case was actually before him by an order of the authority having no power to transfer the case from the Court of General Criminal Jurisdiction and hence the Special M.........Appellant Vs. Sessions Judge, Noakhali having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referred to- State Vs. Golam Mostafa and others, 49 DLR (AD) 32; Yousuf Ali Mollah Vs. King, AIR 1949...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..

Category: Constitutional Law | Date: | Hits: 109

Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....sition of law that after repeal of the Enemy Property (Continuance and Emergency Provisions) Ordinance, 1969 by the Enemy Property (Continuance of Emergency Provision) (Repeal) Act, 1974 there was no power or authority of the respondent No. 2 to declare any property vested newly if not vested earlie...... The Government of the People's Republic of Bangladesh and another.......... Respondents (In both the Appeals) Judgment August 14, 2004. Result: The appeals are allowed. Cases Referred to: Nittya Gopal Roy Barman vs. Pran Gopal Nandi and others 32 DLR 11; Lazmi Kanta Roy vs. Upazil......stered office of a private limited company as alleged. 5. In Writ Petition No. 3002 of 1999 the Writ Petitioner on 8.5.2000 filed a supplementary affidavit and in paragraph 7 of the same categorically stated that Circle office (Rev) Tejgaon, Dhaka disposed of the said V.P. Case No. 210 of 1980 ......then informed Mr. Hossain that he passed the impugned order dated 29.7.99 as the land in question is vested property and the action of eviction was taken pursuant to his order and then Mr. Hossain by meeting the respondent No. 2 personally insisted for a copy of the order dated 29.7.1999 and then on..

Category: Property Law | Date: | Hits: 40

Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)

....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......; Md. Joynul Abedin J. - The condemned prisoners, Md. Kabir Hossain, Nannu Miah and Jahirul Islam alias Bhutto by filing separate jail petitions dated 22.2.2007 and 19.2.2007 from Jail seek leave to app......er's husband of P.W.2, went to the house of P.Ws.2 and 3 and requested P.W.2 to allow Kazal to go with him for the purpose of writing a letter for him when P.W.2 asked her younger daughter Ruma to call Kazal from the adjacent house where she was playing and accordingly victim Kazal went out......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ..

Category: Criminal Law | Date: | Hits: 25

Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)

....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......State...........................Respondent Judgment May 4, 2008. Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioners. Zahirul Hague Zahir, Deputy Attorney General-For the Respondent. Jail Petition for Leave to Appeal Nos. 07 and 08 of 2005 ...... again pleaded to be innocent and declined to adduce any evidence in support of their defence. 8. The defence case, as it appears from the trend of cross-examination, is that Minarul did not call and take away the victim on 01.09.2000 as alleged by the prosecution and the victim might hav......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ..

Category: Criminal Law | Date: | Hits: 33

Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ...... Judgment August 29, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 917 of 2005. From the Judgment and Order dated May 9, 2005 passed by the High ......ror in holding that the suit filed by the plaintiffs is not maintainable. The learned Advocate-on-record could not point out error of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Cas...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ..

Category: Property Law | Date: | Hits: 19

Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)

....urged by the learned Counsels. 8. Section 107 of the Code of Civil Procedure provides that subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power to determine a case finally and to take additional evidence or to require such evidence to be......ected against the common judgment and order dated 22.04.2002 passed by a Single Bench of the High Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment. 2. Short facts are that the pl...... favour of Abdul Barek Bepari and Muslim Bepari and after the death of Nasiruddin his heirs continued to stay on the land and in the building. On 17.11.1990 the Chairman of the local Union Parishad called the present Mutwalli and disclosed that the defendant No.1 claimed the suit land on the basi......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ..

Category: Property Law | Date: | Hits: 106

Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)

....r the respondent No.1, did not file any concise statement. However, in support of the impugned judgment of the High Court Division, he contended that the High Court Division in the exercise of its power under Section 115 of the Code of Civil Procedure, considered the materials on record, decreed......sp; Syed J. R. Mudassir Husain CJ.- This appeal by the defendant Nos.1 and 2 arises out of the leave granted on 21-08-1997 in civil petition for leave to Appeal No.567 of 1994 against the judgment and order dated 28th June, 1994 passed a Single Bench......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ..

Category: Property Law | Date: | Hits: 21

Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)

....ent of the Administrative Tribunal clearly show that the appeal was filed beyond the period as provides in section 6(2A) of the Administrative Tribunal Act, 1980. 14. The law as in the Act empowers the Administrative Appellate Tribunal to condone the delay in filing the appeal after ......ers Vs. Md. Shahin Reza ............................................Respondent Judgment November 18, 2007. Lawyers Involved: Abu Bakkar Siddique, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the Petitioners. Sufia Kha......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ..

Category: Administrative Law | Date: | Hits: 102

N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)

....ng that all the allegations of the appellant in the writ petition are matters of record and need no comment, stated that as per provision of the Insurance Act, 1938 the Controller of Insurance is empowered to grant certificate of registration to any person for parrying on business only after pri......: V ADC (2008) 588. ......ness. The appellant's company was not accorded permission for registration to carry on the business of general insurance. 3. The appellant then filed the writ petition and a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned action of failing to issue a permi......the Ministry of Commerce. The Ministry of Commerce prepared after scrutiny a list of 23 Companies, including the proposed company of the appellant, for consideration of the Cabinet Committee in its meeting held on 26.4.95 recommended for registration of 11 applications for general insurance busine..

Category: Business or Commercial Law | Date: | Hits: 81

Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)

....vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ......ndra Nath Nandi, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-record-For Respondent No. 1(a). Not represented -Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 574 of 2005. (From the Judgment and Order dated November 29, 2004 passed by th......e findings and decisions of the High Court Division upon making which the said Division discharged the Rule. 6. We do not find any infirmity in the judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed with c......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ..

Category: Property Law | Date: | Hits: 25

Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)

....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ...... April 17, 2007. Lawyers Involved: Khondaker Mahbub Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Golam Kibria, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Ap......Fatema Akhtar for dowry which forced her to leave her husband's house. On 18.07.2000 when the accused, Abu Hanif, returned home from Saudi Arabia the informant went with Mossammat Fatema Akhtar to call on him. The accused demanded taka one lac as dowry and when refused the accused petitioner and......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ..

Category: Criminal Law | Date: | Hits: 41

Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)

....sult of the suit. If it is felt necessary for determination of the real matter in the dispute the court may decide any person to be added as party in a suit and this is in fact a discretionary power of the court. The discretion is, however, to be exercised judicially. After perusi......nbsp; July 26, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 297 of 2005 (From the judgment and order dated 17.01.2005 passed by the High C......ndants have no locus standi to be impleaded as the defendants and that the High Court Division committed error in disregarding this broad aspect of case and as such the impugned judgment calls for interference. 10. We have considered the submissions and perused the materials on ...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ..

Category: Property Law | Date: | Hits: 24

Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)

....iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ...... Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 333 of 2005. (From the judgment and order dated 28.11.2004 passed by the High ......d order of the High Court Division and in the facts and circumstance of the case we are of the view that the High Court Division correctly decided the case. The impugned judgment therefore does not call for interference. In view of the discussion made above, the petition appears to be with......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ..

Category: Property Law | Date: | Hits: 22

Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)

....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......Tipu and others.........Petitioners Vs. Forkanul Islam and others.....................Respondents Judgment October 2, 2007. Lawyers Involved: Abdul Quayum, Senior Advocate, in......No.1 having not taken any step for hearing the learned Assistant Judge by order dated 26.11.2006, in terms of the amended provisions of Order 39 rule 5(A) (3) CPC rejected the prayer for time and recalled the above order of ad-interim injunction passed on 18.1.2006. As against that the plaintiff ......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ..

Category: Property Law | Date: | Hits: 26

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