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

....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...... learned Counsel for the petitioners referring to an office note of DIT/RAJUK dated 15.09.1972 submits that the aforesaid power of attorney along with other papers was filed before DIT (RAJUK). We called for the records from the office of RAJUK. On perusal of the records it appears that on vario...... 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)

....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......ed in the Artha Rin Adalat Ain, 1990 in this regard. 3. The Rule was opposed by the respondent No. 2 on the ground that since section 6(Ka) of the Artha Rin Adalat Ain, 1990 has specifically excluded the application of the provisions of the Code of Civil Procedure in matters of exec......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. ..

Category: Civil Law | Date: | Hits: 111

Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)

....Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ......volved: A.F. Hassan Arif, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Appellants (In Civil Appeal No. 209 of 2005). Salahuddin Ahmed, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellant (In Civil Appeal No......n for appointment as also further stipulating a "preference" for some other qualification does not ipso facto legally entitle the writ petitioners to be selected and appointed automatically. &nbs......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ..

Category: Employment/Service Law | Date: | Hits: 100

Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)

....appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ...... Judgment March 15, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented - the Respondent. Criminal Petition for Leave to Appeal No. 58 of 2004. (From the judgment and order dated 10.11.2003 passed by the High Co......1, informant Golam Mostafa and other inmates of his house were sleeping in different rooms 8-10 dacoits armed with deadly weapons entered into his room and demanded his gun. They also forced him to call all the inmates to his room. The dacoits then entered all the other rooms, assaulted the inmat......appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ..

Category: Criminal Law | Date: | Hits: 32

Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)

....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ...... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner (In both the cases). Not represented – the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 117-118 of 2004. (From the judgment and order dated 25.8.2003 passed by the Hi......esh Bank and he also did not receive Tk.7,25,000//- and his statement has been supported by RW.12, Shamsuddin Firoz, the District Account Officer of Khulna Treasury at the relevant time who categorically stated that on 2.8.1992 though he did receive four bills from Agriculture Extension Departme......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..

Category: Criminal Law | Date: | Hits: 43

Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)

....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......�…….Respondent Judgment March 19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No.123 of 2004. (From the judgment ana order dated 25.8.2003 passed by the High Court D......desh Bank and he also did not receive Tk.7,25,400/- and his statement has been supported by P. W.12, Shamsuddin Firoz, the District Account Officer of Khulna Treasury at the relevant time who categorically stated that on 2.8.1992 they did receive four bills from Agriculture Extension Department, Khu......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..

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

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

....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......hatian No.1 in the name of Government of which the defendant-respondents already filed Title Suit No. 26 of 1985 for correction of his alleged wrong record. Mr. Nawab Ali has, however, empathically argued that the aforesaid two registered deeds clearly proved that the defendant-respond......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. ..

Category: Property Law | Date: | Hits: 24

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

....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......2006 passed by a Division Bench of the High Court Division in Writ Petition No. 4171 of 2004 discharging the Rule. 2. The writ-petitioner filed the Writ Petition No. 4171 of 2004 and obtained Rule calling upon the respondents to show cause as to why the impugned amendment of Section 4 and 6 of th......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. ..

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. ......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......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. ..

Category: Civil Law | Date: | Hits: 103

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

....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: ......e Court of Settlement did not consider at all any documents including the said letter of acknowledgement of payment of lease money. 8. We have considered the submissions made at the Bar. We called for the original records of the Court of Settlement for our perusal. It appears that ex......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)

....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......d Munsif, restraining the appellants from blocking the alleged passage and from disturbing the respondents' 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 shoul......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. ..

Category: Property Law | Date: | Hits: 31

Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)

....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mvi. Md. Shafiqur Rahman and another ………….......Petitioners Vs. Ambia Khatoon and others …………………………&he......ng the said prayer directed the parties to get ready for hearing and then the above case was taken up for hearing and the learned Advocate of the pre-emptor-respondent having not been found on call, the learned Subordinate Judge (now Joint District Judge) dismissed the Miscellaneous Case No......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ..

Category: Property Law | Date: | Hits: 26

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. ......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......sideration 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 interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC......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. ..

Category: Property Law | Date: | Hits: 39

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

....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......dents. These respondent as writ-petitioners filed the aforesaid two writ petitions by way of certiorari on the averments set out herein below and obtained two separate rules in same terms calling upon the writ-respondents, now appellants, namely the Government of Bangladesh in the Minis......r transfer of the Project Personnel to the Revenue Budget. Thereafter the continuity of the services of the Project employees in Phase-II of the Project was considered in a pre-ECNEC meeting held on 10.8.2002. Subsequently ECNEC in its meeting dated 15.8.2002 approved the financial..

Category: Constitutional Law | Date: | Hits: 146

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

....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......ing to him it would be merely an academic exercise. 13. He further submits that consistent view of this court is that for academic purpose only a constitutional point shall not be decided unless called upon to decide the question on merit and as such according to him this court on principle s......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. ..

Category: Procedural Law | Date: | Hits: 107

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

....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. ......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

State Vs. Matiur Rahman, 2007, 36 CLC (AD)

....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......…......Respondent Judgment January 15, 2007. Trial of Cross Cases It is well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The trial court, in such cases, should be on its guar......gation of accused Abdur Rashid the condemned prisoner used to physically abuse the victim for dowry; about one and a half years prior to the date of occurrence the condemned prisoner physically assaulted the victim and turned her out of his house. whereupon the victim had to take shelt......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..

Category: Criminal Law | Date: | Hits: 58

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

....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......ivil Procedure for review of the judgment and order dated 15.08.1991. The learned Subordinate Judge (now Joint District Judge) and Arbitrator allowed the Arbitration Revision Miscellaneous Case, recalled the judgment and order dated 15.08.1991 and set aside the award dated 18.03.1989 made by the......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. ..

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

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

....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. ......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

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

....prayed for was issued. The aforesaid direction was communicated to the writ respondent No.1 who expressed the latest position of the authority saying that the writ-respondent No. 2 has taken away his power by Memo dated 22.8.2002 and as such the writ respondent No. 2 is now the competent authority t......m J Amirul Kabir Chowdhury J Chief Controller, Import and Export and others .......Appellants Vs. Md. Faruk Ahmed……........Respondent Judgment December 6, 2005. Case Referred to- Bangladesh Vs. Md. Azizur Rahman, 46 DLR (AD) 19. Lawyers Involved: Fida M. Kamal, Add...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..

Category: Business or Commercial Law | Date: | Hits: 139

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