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Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....e 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: 17 BLT (AD) (2009) 6. ......Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Bangladesh Water Development Board and others……....Petitioners Vs Md. Quamruzzaman………&......rding the earlier verdict of the civil Court which manifestly being illegal and without any lawful authority, is liable to be struck down. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg......e 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: 17 BLT (AD) (2009) 6. ..Category: Employment/Service Law | Date: | Hits: 122
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......; 14 MLR (AD) (2009) 168. ......on 13-9-1989, when Section 5(2) of the Prevention of CorrupÂtion Act, 1947, prescribed only the punishment of imprisonment or fine or both and did not prescribe the punishment of confiscation of the property to the State and this punishment of confiscation of property to the State was presÂcribed ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 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: 14 MLR (AD) (2009) 111. ...... 111. ......nd of justice will be met if they are directed to maintain status quo till disposal of the present suit i. e Title Suit No. 13 of 2005. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel ...... 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: 14 MLR (AD) (2009) 111. ..Category: Property Law | Date: | Hits: 27
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ......irul Kabir Chowdhury J Md. Joynul Abedin J Irshad Hossain ……..........Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others. .........Respondents ......a Rin Adalat, 2nd Court, Dhaka shall not be declared to be without lawful authority and was of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper. Pending hearing of the said rule, the High Court Division stayed all further proceedings in......ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ..Category: Civil Law | Date: | Hits: 80
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....llant hopeÂlessly failed to prove his case, so there being no substance the appeal is accordÂingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ...... Md. Hassan Ameen J Md. Harun-Or-Rashid…….........Appellant Vs. The Government of the People's Republic of Bangladesh, repreÂsented by the Secretary, Ministry of Public Works, Dhaka and others………..........Respondents Judgment May 22, 2008. Lawyers Involved: Md. A...... judgment and order of the High Court Division dated 05-11-1998 in Writ Petition 5629 of 1996 discharging the Rule holding that the petiÂtioner failed to prove by adducing any material that the case property, is not an abandoned property. 2. The appellant's case, in brief, is that the case land ......llant hopeÂlessly failed to prove his case, so there being no substance the appeal is accordÂingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ..Category: Tenancy Law | Date: | Hits: 155
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J State Bank of India.......Appellant Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. and another………Respondents Judgment June ......plaintiff-SBI, borrower-Tulip and the guarantors of the loan but the present appeal has been filed only impleading SABINCO and Managing Director which is a case of non-joinder of the necessary and proper parties; that SABINCO is not a borrower nor it stood as a guarantor for any loan availed by ......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Major (Rtd) Quazi Hasna Hena Begum........Appellant Vs. Lt. Col. Kazi Mansurul Islam and others .........Respondents Judgment April 6, 2008. Case Referred To- Akhlasur Rahm...... of the lease deed in favour of writ petitioner and leave petiÂtioner took place, the High Court Division was wrong in failing to hold that the writ petition raised complicated issue of title in the property in question as well as disputÂed question of fact which could not be decided in writ petit......smuch the comÂplicated title in the property in question as well as disputed question of fact which could not be decided in the writ jurisdiction which needed a property constituted Court of law for adjudication principle of waiver and acquiescence and estoppel from questioning the legality of allo..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....as acquired the court can not provide any relief by way of restoration of possession of the case land to the writ petitioners by setting aside the acquisition proceeding which acquisition was long complete and legally made. When any land is otherwise validly acquisitioned such acquisition can no......espondents (In Civil Appeal Nos.137-138 of 2000) Judgment August 8, 2008. Cases Referred To- Alauddin Khanker (Md.) Vs. Secretary, Ministry of Land and others, 4 BLC (AD) 25; Bangladesh Vs. Golam Azam 46 DLR (AD). Lawyers Involved:...... respondents as writ petitioners filed Writ Petition Nos. 5392 of 1996 and 576 of 1198 challenging the proceeding of Land Acquisition Case No.1 of 1990-91 in so far it relates to the acquisition of property of the writ petitioners of Mouza Ozar Bhanga, J.L.No.165, Police Station-Daudkandi, Comil......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....through the judgment by my learned brother Md. Abdul Matin J allowing the appeal in part commuting the sentence of death to imprisonment for life by invoking Article 104 of the Constitution for doing complete justice with a view to removing injustice caused for awarding capital punishment instead of...... 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonal......f law that in case of such custodial death of the wife the husband is considered to be responsible for such death unless he satisfactorily accounts for the death. The reason being that it is just and proper that the husband as the accused is to prove a fact i.e. especially within his knowledge as he......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....t Nos.1-3. 5. We have heard the learned Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the point raised. In the interest for doing complete justice in the matter we are not inclined to interfere with the impugned judgment of the ......sent: Mohammad Fazlul Karim J Md. Tafazzul Islam Md. Joynul Abedin J Md. Hassan Ameen J Janata Bank...................Petitioner Vs. Rezwanul Haque and others….....Respondents Judgment November 15, 2007. Lawyers Involved......ection. 2. The short fact is that the respondent Nos. 1-3 filed the said Writ Petition No. 2526 of 2006 on the averments that they are the legal heirs of late Md. Nurul Haque Patwary and the property measuring 32.71 decimals or .3271 ajutangsha described in the auction notice dated 14.3.2......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ..Category: Property Law | Date: | Hits: 19
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Mohammad Dabiruddin.................... Petitioner Vs. A.K. Rezaul Karim and others…….......Respondent Judgment July 23, 2007. Case Referr......ing than them to be added as Respondent for placing facts creating cause for passing the impugned Orders, the High Court Division should have allowed the petitioner to be added as a respondent for proper adjudication of the matter. 9. A.S.M Khalequzzaman, Advocate-on-Record, appearing for......n them to be added as Respondent for placing facts creating cause for passing the impugned Orders, the High Court Division should have allowed the petitioner to be added as a respondent for proper adjudication of the matter. 9. A.S.M Khalequzzaman, Advocate-on-Record, appearing for the re..Category: Constitutional Law | Date: | Hits: 114
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......sent: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J S.M. Fazlul Haque Manik......Petitioner Vs. Md. Habibullah Baher and others............Respondents Judgment October 3, 2007. Case Referred To-...... to the writ petition should not be declared to be illegal and without jurisdiction and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 4. The High Court Division after hearing the parties discharged the Rule holding tha......urt and other papers on record. 7. It appears that the High Court Division has correctly held that the Election Tribunal is competent to order for recounting of the ballot papers for proper adjudication of the Election Tribunal Case. This finding of the High Court Division being based on ..Category: Election Law | Date: | Hits: 98
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......, Advocate-on-Record-For the Appellant. Aynuddin, Advocate, instructed by Ataur Rahman, Advocate-on-Record-For the Respondent. Civil Appeal No. 27 of 2001. (From the judgment and order dated 22nd July, 1999 passed by the High Court Division in Civil Revision No.1637 ......rties, exhibits and deposition of both the parties rightly held that the appellant failed to make out a case of requirement. He also argued that the finding of the learned Single Judge is based on proper appreciation of materials on record and as such there is no question of failure if justice. ...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ...... Present: Md. Joynul Abedin J Md. Abdul Matin J Fazor Ali being dead his heirs: 1. Mst. Jahura Khatun & others ….......Petitioners Vs. Md. Marfat Ali and others ……………………….......Responden.......1950 respectively to Mokbul Hossain and his two brothers. Mokbul Hossain died leaving 6(six) sons, defendant Nos. 1-5 and the predecessor of defendant Nos. 6 and 7 and they inherited the property of Mokbul Hossain. Total .95 acre of land has been recorded in the name of Mokbul Hossain...... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ..Category: Property Law | Date: | Hits: 24
....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: 14 MLR (AD) (2009) 40.
......Amin CJ
MM Ruhul Amin J
Md. Tafazzul Islam J
Md. Abdul Matin J
Md. Shahabuddin...............Petitioner
Vs.
Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd. and others .............. Respondents
Judgment
October 30, 2007.
Result:
The petition ...... by Additional District Judge Court, No.1 Narayangonj in Miscellaneous Appeal No.51 of 2006 should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper.
Pending hearing of the Rule let the operation impugned judgment and order dated 7.2.2007......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: 14 MLR (AD) (2009) 40.
..
Category: Civil Law | Date: | Hits: 120
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Chairman, Bangladesh Freedom Fighters Welfare Trust and others......Petitioners Vs. Mominul Haque Bhuiyan and others....................R......he decision to cancel the list, earlier prepared, containing the names of the Freedom Fighters who have figured in the respective writ petitions as petitioners since their names were listed without proper verification and that also made decision to stop payment of Honorarium since some of th......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ..Category: Civil Law | Date: | Hits: 126
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 45 of 2009. (From the judgment and order dated 17-11-2000 passed by the High Court Division in Criminal Appeal No.1495 of 1994. ......rt Division did not discuss evidence produced by the prosecution though sixteen witnesses were examined and that the High Court Division committed error in acquitÂting the accused respondent without proper analysis of the evidence on record or assigning any new reason though the witnesses corroboÂ......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....filed writ petition challenging the above judgment and order stating, inter alia, that the case property being an abandoned property vested in the government by operation of law and the petitioner completely failed to establish her claim in the case property and further, the case property was no...... Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High Court Division in Writ Petition No. 848(B) of 2002). ......der dated 12-3-1994 of the 1st Court of Settlement passed in Settlement Case No. 920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case property, from the "Kha" list of abandoned buildings. 2. Facts, in brief, are that......ere 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: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption CommiÂssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......te Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption CommiÂssion and others……………Appellants Vs. Mahmud Hossain and others………………………â......isoner who is a fugitive from law. The appeal filed by the Counsel on the basis of the power-of-attorney executed by Gul Hassan in favour of Khawaja Muhammad Khan before his absconsion was thus not properly constituted and should have been dismissed by the High Court Division on that ground alon...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....ng can be recorded by the Tribunal. Order of recounting of ballot papers can be made when the Tribunal is satisfied that making of such order is imperatively necessary to decide the dispute and to do complete and effectual justice between the parties. It is settled principle that re-counting must no......ivision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Khalilur Rahman………………………………..Petitioner Vs. Md. Alam Bepari and Others……………………..Respondents Judgment May 20, 2008. Lawyers Involved: ...... the election petition examined 4 O.P.Ws the petitioner or the election petition filed an application on 07.07.2004 for recounting of ballot papers on the ground that the petitioner has established a proper foundation for recounting of ballot papers. The respondent No.1 of the election petition seri......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..Category: Election Law | Date: | Hits: 159
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