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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. ...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Khizir Haider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Her......lam, Inspector, Bureau of Anti-Corruption, lodged an FIR stating that an area of 1.66 acres of land with buildings at Sardar Bahadur Nagar, Mouza Pahartali, Chittagong was declared as an abandoned property under President's Order No. 16 of 1972 and on 5.6.1972 Ambagan Bastuhara Sarnity was permi......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
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M.Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Abdul Hai and other.........Petitioners Vs. Chan Banu Bibi..................Respondent Ju......er favour in Miscellaneous Case No. 97 of 1984 filed under section 96 of the State Acquisition and Tenancy Act, 1950 and that she has already started execution proceedings in that behalf; the suit property being the homestead property, as per provision of section 6 of the Land Reforms Ordinance,......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ...... ......f the petition of complaint vide registered deed No.1558 dated 20-06-1991 and he has been possessing the same. The accused persons created a forged deed on 17-04-2000 with an intention to grab the properties of the complainant, showing him as vendor but in fact he did not put any signature on th...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..Category: Criminal Law | Date: | Hits: 39
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....d on the facts on record. He accordingly submitted that under Article 104 of the Constitution, this court has power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of secu......hellip;……………………… 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) ......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. ......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. ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....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 armed with t......e Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State................................... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 94
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
.... the material allegations made by the respondent application. It was asserted that the respondent was proceeded against on specific allegation corruption and misconduct, that the first report was incomplete and the enquiry officer was therefore, directed to enquire into the allegations more elab......lip;……………………………………………….Appellant Vs. AAM Salekuzzaman and another……………………………&......ry officer was therefore, directed to enquire into the allegations more elaborately, that on receipt of the second enquiry report it was found that the sixth allegation in the charge sheet was not properly enquired into and, as such, the enquiry officer was again asked to enquire into the said a......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. ..Category: Administrative Law | Date: | Hits: 94
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. ......orted in: 52 DLR (AD) (2000) 61. ......ually through respondent No. 2 General Manager, Bangladesh Bank who forwarded the same under a covering letter dated 12 February 1998 (Annexure ‘A’ series). One of the notices is quoted below for proper appreciation of the contents and the effect of the notice as the dispute centers round third ......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. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....ce Shahidul Islam impersonating himself as Abdul Mannan was working as Assistant Presiding Officer. 18. Khandaker Mahbubuddin Ahmed submits that this part of the finding of the Tribunal was completely ignored by the High Court Division and without reversing the said findings of the Tribun......Saydee………………………………………………. Appellant Vs. Sudhangshu Shekhor Halder and others……………………………&......ion of Khandaker Mahbubuddin Ahmed, learned Advocate for the appellant, first, that the impugned judgment is legally untenable in that the decision has been made in a disjointed manner and without proper and correct perception of the issues and the law involved in the matter and ignoring the fin......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
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. ...... Present Kemaluddin Hossain J Fazle Munim J K.M Subhan J Mozzammel Haq……………………Appellant Vs. Bangladesh and others................Respondent Judgment March 01, 1978. Lawyers Involved......d Miah, a candidate for Chairmanship was dismissed. Being aggrieved, the appellant moved the aforesaid writ petition which was summarily rejected on the ground, among others, that in the absence of proper delimitation, the two Mouzas mentioned in the notification could not be adjusted with the e......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. ..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. ...... ......he judicial function of the Court is to be understood in this context and would therefore mean that the court is to be satisfied that the executive function of the public prosecutor has not been improperly exercised or it is not an attempt to interfere with the normal course of justice or f...... 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. ..Category: Criminal Law | Date: | Hits: 45
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....s, either upon or without application who ought to have been joined, whether as plaintiff or 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 discretio......an Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S.S. Hoda Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- For Respondent. Civil Appeal No. 123 of 1977 (On appeal from the ju......it land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal defendant Shanti Sudha Moitra is erroneous. 4. Plaintiff’s case in short is that the suit property belonged to 3 brothers in equal share, namely Brinchilal Moitra, Neromba Lal Moitra and Ban......e materials on record and the respective case of the parties, on the finding that the appellant was neither a necessary party nor a proper party and that his presence is also not necessary for proper adjudication of the suit. The learned Counsel further submits that the learned Judge committed sub..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......orted in: 30 DLR (SC) (1978) 241. ......ciliation of the dispute. The provision for conciliation having failed to be operative on account of the non-existence of the necessary machinery for such conciliation, it is reasonable to hold, on a proper construction of section 3(1) of the Ordinance, that the general jurisdiction of a Civil Court......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..Category: Tenancy Law | Date: | Hits: 163
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. ...... Present A. M. Sayem CJ Mohammad Abdullah Jabir J Ahasanuddin Chowdhury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 1975. Cases Referred to: ......was not competent to subsequently hold that there was no abatement of the appeal as it could not sit on judgment of its own order nor it could review its order without any application for review on proper court fees. It was submitted that the order of abatement amount to a decree within the mean......ere is divergence of opinion as to the force or effect of an order of abatement. There are cases in which it has been held that the order of abatement is not a decree because it is not a final adjudication on merits of the disputes between concerning parties. The abatement of a suit or an a..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. ...... Appellate Division (Civil) Present Syed A B Mahmud Hosain CJ Kemaluddin Hossain J Fazle Munim J Mrs. Halima Khatun.........Petitioner Vs. Bangladesh and others………....Respondents (In Civil Petition No. 171 of 1977) Mrs. D......e Division Bench of the High Court passed in Writ Petition No. 82 of 1977 on June 21, 1977, discharging the Rule on the ground that as the question whether the properly involved was abandoned property within meaning of the Abandoned Property (Control, Management and Disposal) Orde......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. ..Category: Constitutional Law | Date: | Hits: 307
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Taher and others.........................Petitioners Vs. Md. Abdul Kuddus and others…......Division and the High Court Division discharged the Rule after setting aside the judgment passed by the learned Sessions Judge and directed the learned Magistrate to proceed with the case on taking proper step in the case on the basis of materials on record in accordance with law. The lear...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..Category: Criminal Law | Date: | Hits: 50
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... Tafazzul Islam J Azizul Hoque..........................Petitioner Vs State and others.................Respondents Judgment &nbs......ficates stating that on the date of occurrence the accused petitioner was present at his working place, is an extraneous document. 5. We are of the view that the High Court Division, on proper appreciation of law applicable in the present case and also the materials on record, ar......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
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. ...... Present Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another..........................Respond......7 (EPR) in granting the impugned sanction asserting, amongst others, that the FIR reveals ingredients of extortion, threat, injury against the accused and that the police submitted charge sheet after proper investigation following the provisions of Cr.PC and that the trial was fixed on 17-1-2008 and......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. ..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. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. Md. Shamsu......n of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in the a......he Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in the affirmat..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Loyal Shipping Ltd. ........................Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment December 12, 2006. The Code o......h it is by now well settled that the defendant has both the right of set off as a defence and counter-claim as an attack which will be treated as a cross suit provided the counter-claim is stamped properly. 4. In the case of Laxmidas vs Nanabhai, AIR 1964 SC 11, the Indian Supreme Court...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......am J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helaluddin and another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another......s way their total savings stood at Taka 24,39,28,637 which is disproportionate to his legal and known source of income. The respondents is beneficiary of the wealth of his father acquired through improper means and just after the arrest of his father Mir Md. Nasiruddin, he transferred total amou......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
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