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Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......ed in the FIR tried to grab the said property by showing lease of the same in favour of some fake persons and at their instance, two persons, Motahar Ali and Mokter Ali, on the basis of two alleged power of attornies dated 28.9.1978 and 24.10.1979, claimed to be the owner of the said property but......tructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners (In both the cases) Not represented- Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 314-315 of 2005. (From the judgment and order dated 24.5.2007 passed by the H......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... the step motherly treatment meted out to the accountants of the Supreme Court of Bangladesh. It was further stated that as per Services (Re-organization and Condition) Act 1975 the Government have power to uniform the grade arid scale and other terms and conditions of the service amongst the em......oner Vs. Md. Abdur Rashid and others ....................................Respondents Judgment: February 2, 2006 Lawyers Involved: A. Azim Khair, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record- For the Petitioners. ......ers serving in the Appellate Division and in the High Court Division of the Supreme Court of Bangladesh at per with the accountants serving in different Ministries in the matter of scale of pay and granting of selection grade. Hence is this petition. 7. Mr. M. A. Azim Khair learned ..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ...... Abdul Wadud Bhuiyan, the learned Senior Counsel for the appellant. 7. The pertinent question for determination in this matter is whether the learned Joint District Judge and Arbitrator had power to review his judgment earlier passed in view of the fact that in the Acquisition and Requisi......;………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector & others..............................Respondents (in all the cases) Judgment ......section 34 filed the review petition. The High Court Division did not accept the plea of natural justice as there is no provision in the Ordinance to prefer review application. 5. Leave was granted to consider the submissions that the writ petition filed Against the judgment and award da..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......ourt though sitting on appeal over the judgment and order of acquittal passed by the High Court Division but unlike subordinate Courts even the High Court Division this Court has been given a special power to do complete justice under Article 104 of the Constitution, inasmuch as this Court has been ......Appeal No. 52 of 2007) Anisul Huq, learned Advocate, instructed by Syed Mahbubur Rahman, Advocate-in-Record—For the Appellant (In Criminal Appeal No. 53 of 2007) Abu Bakkar Siddique, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent (In both the cases)...... Criminal Appeal No.12 allowing the same under section 201, Penal Code and sentencing the appellants to suffer rigorous imprisonment for 7 years and to pay a fine of Taka 10,000 each. 7. Leave was granted to consider the submission of Khondker Mahbub Hossain, learned Counsel, appearing for the pe..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Nos. 2 and 4-38. (In Civil Petition No. 1164 of 2005). Md Nawab Ali, Advocate-on-Record—For the Respondents. Not represented—Respondents. Civil Petition for leave to Appeal Nos.1163 & 1164 of 2005. (From the judgment and order dated 16-4-2005 passed b......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ...... ASM Khaliquzzaman, Advocate-on-Record—For Respondent Nos. 1-6. Enayatur Rahim, Advocate instructed by AKM Shahidul Huq— For the Respondents. Civil Petition for Leave to Appeal No. 632 of 2005. (From the judgment and order dated 27-7-2004 passed by the High C......Suit No.418 of 1978 (renumbered as Other Class Suit No. 60 of 1993) for declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted permanent lease in 1327 BS at annual rent of Taka 66/4/0 by ex-landlords Sree Provash Chan..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......randum which has no force of law. This- is a mere guide-line Further we find that the Bangladesh Public Service Commission (Consultation) Regulation. 1979 was made by the President in exercise of power conferred under Article 140 (2) of the Constitution on 27 October, 1979 which reads as follo...... May 8, 2000. Case Referred To- Bangladesh vs. Md. Matiur Rahman, 1982 BLD (AD)109 = 34 DLR (AD) 285. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record—For the Appellant. ...... the President for dismissal of the respondent it amounted to no consultation with the Public Service Commission. 7. On the submissions of the learned Deputy Attorney-General leave was granted on the following points- (i) The Tribunals below wholly went wrong in holding..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....e the Appellate Tribunal and the High Court Division found that they are non contesting opposite parties. 5. It has been argued that under Order 41 rule 14 of the Code of Civil Procedure no discretionary power has been given to the court for dispensing with the service of notice on any re...... Code of Civil Procedure, 1908 (V of 1908), Order XLI rule 14(3) Even though The High Court Division acted under section 151 of Code of Civil Procedure, Order XLI rule 14(3) has given ample power to the High Court Division to dispense with service of notice upon the non contesting respond...... of Civil Procedure, 1908 (V of 1908), Order XLI rule 14(3) Even though The High Court Division acted under section 151 of Code of Civil Procedure, Order XLI rule 14(3) has given ample power to the High Court Division to dispense with service of notice upon the non contesting respondents. ......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......econdly, whether the notices were unduly dictated by Bangladesh Bank. Section 45 (1) (Ga) (Gha) and section 49 (kha) of the Basil Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning an business of banking companies. Therefore when Al Bank had intimated Ba...... The Bank Companies Act, 1991 (X of 1991), Sections 17, 45 & 49 As the petitioner submitted no representation under sub-section (2) of section 17 of the Act the writ petition, against notice to repay the loan and failing which directorship of the petitioner of the concerned bank to cease, w......and failing which directorship of the petitioner of the concerned bank to cease, was premature and incompetent. A notice under section 17 of the Act is issued in an executive capacity under authority granted by the statute and if such a notice is issued by an unauthorized person or the allegations m..Category: Banking Law | Date: | Hits: 139
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......strict Judge summarily rejected the revision petition. Leave was granted to consider the following questions: (1) When the District Judge has 5 jurisdictions to decide the same matter under powers conferred by a statute viz. sections 73/74 of the Trust Act and also under certain terms of a......nd its audit and procedures for holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge ...... petitioner before the High Court under, section 115 of the Cede of Civil Procedure and a Single Judge upholding the view of the District Judge summarily rejected the revision petition. Leave was granted to consider the following questions: (1) When the District Judge has 5 jurisdictions t..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ...... “OFFICE OF THE DEPUTY COMMISSIONER NOAKHALI (L.G.R.D. Section) NOTIFICATION Noakhali the 30th November, 1976 No. 1087-LGRD - In exercise of power conferred upon me under Article of the Bangladesh Local Councils and Municipal Committees ....... 18 of 1977 summarily rejecting the appellant's petition wherein he impugned the orders of the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on November 30, 1976 and also for hold......he two Mouzas mentioned in the notification could not be adjusted with the existing wards and, therefore, the appellant’s nomination paper was rightly rejected by respondent No. 3. This Court granted leave to consider that when the Returning Officer had no difficulty as to the identity of ..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... 23, 1977. Lawyers Involved: Asaduzzaman Khan, Advocate instructed by Abu Backkar, Advocate-on-Record—For Appellants (In both the Appeals). Sultan Hossain Khan, Deputy Attorney-General, instructed by S. S. Hoda, Advocate-on-Record—For the Respondent No. 1 (In bot...... Magistrate could accord consent to the prayer of withdrawal. We do not think it worthwhile to set out in detail the categorisation and the conditions set out by learned judges. 6. Leave was granted to consider the scope of S. 494 of the Criminal Procedure Code. Since we have ..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......hellip;………..Appellants Vs. Bangladesh………………….Respondents Judgment June 27, 1977. Case Referred to: Cricklewood Property & Investment Trust Ltd. and others Vs. Leightons Investment Tru......bjection filed by the plaintiff-appellants but allowed costs of the appeal to them. Then the appellants filed a petition for special leave to appeal before the Supreme Court and leave was granted to consider whether the question of frustration of lease can arise wherein both the State ..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....r defendant or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon settle all the questions involved in the suit. This power is discretionary. Unless this power is exercised arbitrarily or fancifully it cannot be interfered with......ference with the order of the Munsif passed under Order I rule 10 of the Code of Civil Procedure and committed an error of law in practically deciding the main issues of the suit while exercising the power under section 115 of the Code of Civil Procedure. 3. Respondent No. 1 instituted a suit bei......in Hossain CJ Fazle Munim J Ruhul Islam J Amal Kumar Moitra………………Appellant Vs. Md. Mashiur Rahman…………..Respondent Judgment February 23, 1978. Case Referred to: Shahaza Muhd Umar Beg Vs. Sultan Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......ased defendant.” 7. Now the question posed by Mr. Ali is whether the High Court which recorded the impugned order was competent to alter the said order in exercise of its inherent power under section 151 of the Code of Civil Procedure, 1908. He argued that even if it be assumed ......ury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 1975. Cases Referred to: Brig Indar Singh T. Kanshi Ram, 44 Indian Appeals 218; Piyaratana v. Paharke, 4 D...... at Burnpur Hospital in the District of Burdwan. The High Court in view of the affidavit and the Death Certificate recorder on 31-7-70 that the appeal had abated in respect of respondent Abani and granted time to the Appellant to take steps in the matter. Thereafter an application was filed for ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......; Now, therefore, in pursuance of the Third Proclamation of the 29th November, 1976 read with the proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make the fol......f Bangladesh Ministry of Industries, Dacca and others…………. Respondents (In Civil Petition No. 305 of 1977) Judgment January 4, 1978. Cases Referred to- 27 DLR, 64, 170, 428; 1953 SCA 53, 1963(2) SCA 1 at p. 21; PLD 1957 SC 9 at p. 41; (1969......sequence these express provision it would be merely knocking one's head against a stone wall if, one makes an attempt to get redress in a Court of law which, previous to this Regulation, might have granted relief if one could show that one's property did not come within the purv..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ...... MS Plates and, as such, the instant proceeding being a false one ought to have been quashed by the High Court Division. "561A. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division to make such orders as may be necessary to give effect to any order......etitioner Vs. State and another...........................Respondents Judgment February 18, 2007. Result: The criminal petition is dismissed. Words and phrases Refer to drawer The endorsement "refer to drawer" does not mean anything but that the cheque has been r......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 138
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......sfer order and the vires of section 8 of Act No. XX of 2000 and a Rule was issued on the ground that the seniority of the respondent was taken away by passing the impugned Act and the Act did not empower the Government to claim that the posts of Preventive Officer/Appraiser/Inspector and Intelli.........................Respondent Judgment November 30, 2004. The Constitution of Bangladesh, 1972, Articles 133 and 136 The Non-Cadre Class I and II Gazetted Officers (Customs Excise and VAT) Appointment and Service Terms and Conditions Act, 2000 (XX of 2000), section ......laim that the posts of Preventive Officer/Appraiser/Inspector and Intelligence Officer were of equal status and, as such, the posts were inter-transferable and inter-changeable. 3. Leave was granted to consider: "Mr. A Razaque Khan, the learned Additional Attorney-General..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ...... in the instant case filed against her under sections 385/109 of the Penal Code. It was further alleged that the impugned approval was given by the respondent No. 2 in absolute colourable exercise of power and with malafide motive. He has no authority under the said Rules to issue any such appro......gment May 8, 2008. The Constitution of the People’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence ......the petitioner in spite of all possible efforts. 11. It was further stated that Rule 19 T of the Emergency Power Rules, 2007 was amended on 8-4-2007 incorporating a provision as to restriction of granting bail in a case of public importance filed up to 8-4-2007 and by retrospective effect allowi..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......n itself a theoretical exercise merely for the purpose of deciding academic issues, howsoever important they may be. The Court cannot embark upon an inquiry whether there was any misuse or abuse of power in a particular case, unless relief is sought by the person who is said to have been wr....... Shamsul Huda and others..................Respondents Judgment March 18, 2008. The Evidence Act, 1872 (I of 1872), Sections 123 and 162 Since the Government objects to disclosure of the papers containing the opinion of the Chief Justice on the ground that it is pr......tion of India that the amended Article 48(3) of the Bangladesh Constitution is to be preserved, protected and safeguarded and such mechanism cannot be disturbed. 8. Leave was granted to consider the submissions by order dated 17th of June 2003. 9. We have ..Category: Constitutional Law | Date: | Hits: 124
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