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Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......itiation of a case the Anti-Corruption Bureau, hereinafter in brief, the Bureau, is not authorised by law to issue the notice under the aforesaid sections of the Cr.P.C. It was also contended that power under sections 94 and 160 Cr.P.C. could only be exercised by the Police Officer for the purpo......Sections 94 and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau in connection with an enquiry is not illegal&h...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......rt Division and for speedy disposal of the matter when the writ petitioner entered appearance through her Counsel before this Division we are not inclined to grant leave but exercising our inherent power we intend to interfere with the aforesaid first portion of the order passed by the High Cour......nbsp; The Code of Criminal Procedure, 1898 (V of 1898), Section 172 The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfact...... 9. We have heard the learned Counsels of both the sides. The first point raised by the learned Attorney-General as aforesaid will definitely require interference by this Division but if leave is granted this will delay the disposal of the Rule by the High Court Division and for speedy disposal..Category: Criminal Law | Date: | Hits: 65
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ...... The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the......uch unless pre-emptor has a positive case of his being co-sharer the court upon a finding of pre-emptor’s having a ‘prima facie case’ of being co-sharer is not permitted by law to grant pre-emption. Right to acquire and to hold property, subject to restriction imposed by law, i..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......visions of Regulation No. 858 of the PRB and section 3 of the Ordinance. 8. The provision of Regulation No. 858 (a) (1) is as follows: 858.(a) The following are the powers of officers in regard to punishments: (1) The Inspector-General may suspend......dgment June 8, 2000. The Police Regulations of Bangladesh, 1940, Regulation 858 Under regulation no 858 (a)(1) Inspector General of Police may remove or dismiss a police officer and under regulation 858 (a)(2) a sub...... deal with the petitioner-respondent as regard the disciplinary matter and thus the order of dismissal passed by the Superintendent of Police was illegal and void. 6. Leave was granted to consider the contention of the appellants that the Administrative Appellate Tribunal mi..Category: Administrative Law | Date: | Hits: 116
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......here is no material on the record to show that Chief Engineer acted in violation of provision of law or in other words was not competent to vest the officer named in Annexure ‘W’ with Magisterial power to do the work of eviction of unauthorised occupant of the land of Public Works Department or ...... in: 54 DLR (AD) (2002) 111.
......th the compromise proposal”.
15. As against the judgment and order of the High Court Division respondent Nos. 1 and 3 in the writ petition filed separate leave petitions to appeal and leave was granted to consider the submissions of the learned Counsel appearing for the HBRI and the learned At..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......(Barisal) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Judge, Jhalakathi in Title Appeal No. 83 of 1985 so far the same relates to the property in item Nos. 1 and 2 of the ‘Ka’ schedule attached to the plaint. The l...... by the plaintiff-appellant. 12. The plaintiff filed Civil Petitions for Leave to Appeal impugning the judgment and order of the High Court Division in the Rules. Leave was granted in the Civil Petition filed against the judgment and order in Civil Revision No. 2783 of 19..Category: Property Law | Date: | Hits: 47
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......; Administrative Tribunal having no authority to pass an order of stay of transfer, the High Court Division also cannot exercise such power……(10) Case Referred to- Governm...... Administrative Tribunal having no authority to pass an order of stay of transfer, the High Court Division also cannot exercise such power&helli......f stay against which the present appellants preferred petition for leave to appeal before this Division. In both the appeals the facts are similar and the points raised are identical and leave was granted on the following terms: “Mr Mahmudul Islam, learned Attorney-General for t..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....ustice. The findings of the Courts below based on consideration of the evidence on record is not liable to be interfered with in revision. The revisional power exercised by the High Court Division is discretionary and is to be exercised to prevent error of law occasioning failure of justice. But in ......error in the decision occasioning failure of justice. The findings of the Courts below based on consideration of the evidence on record is not liable to be interfered with in revision. The revisional power exercised by the High Court Division is discretionary and is to be exercised to prevent error ...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Santosh Kumar Das .............. Appellant Vs. Hajee Badiur Rahman.........................e reasons stated above, the judgment and decree complained of are not tenable in law. They, therefore, are set aside and the suit of the opposite party dismissed.” 4. Thereafter, leave was granted to consider that “Mr. Mustafa Niaz Muhammad, learned Advocate appearing for the appellant,..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......gh Court Division made the Rule absolute upon observing: “On consideration of the facts and circumstances of the case we find that the Chittagong Port Authority has in exercise of its statutory power floated tender for the purchase of machinery e.g. Gantry Cranes for capital investment and, as......sh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making author......d had already been opened earlier, but the price bid of present petitioner could not be opened on 10.1-2001 as in the meantime the writ petition was filed by the writ petitioner and order of stay was granted upon issuance of a Rule. 9. To appreciate the contentions of the petitioner it is necess..Category: Others | Date: | Hits: 130
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
.... evidence for and against the Hiba-bil-Ewaz and the trial Court accordingly, arrived at its finding regarding Hiba-bil-Ewaz. 15. It is now well settled that though the allowing of an amendment is discretionary but the same should be exercised judicially in the facts and circumstances of the case......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ...... Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is necessary for determining the ......ent and order dated 19th May 1999 passed by the High Court Division in Memorandum of Appeal from Original Decree No. 100 of 1995). Judgment Mohammad Fazlul Karim J.- In this appeal leave was granted to consider the submission of the learned Advocate appearing for the appellants that the Hig..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......e also find that there existed a contractual obligation between the Janata Bank, Bangladesh to reimburse the negotiating Bank, namely the Bank of Tokyo, for the amount paid upon the irrevocable power of attorney opened by Janata Bank and when the said amount has been negotiated by the Bank o......ly come within the provision of Order XXXVIII rule 5 for attachment before judgment for which the Court could issue notice asking for furnishing security or for attachment before judgment in order to satisfy any possible decree that may be passed in the suit……(15) Cas......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......by-election held on 15-11-1999 he contested the same with symbol ‘Piri’ and the Awami League candidate with symbol ‘Boat’. It is the case of the petitioner that the party in power took this election as a prestige issue and has caused pressure upon the public servants to in......ticle 116 The Representation of the People Order, 1972, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation of the committe......er 155 of 1972 took up their residence in the constituency 15 days prior to the holding of by- election and manifestly misused their official position to influence the result of the election in flagrant violation of the provision of law. Due to the influence of the ruling party people by-electio..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
.... Constitution the court will have to decide in each case, particularly when objection is taken not only to the extent of sufficiency of interest but also the fitness of the person for invoking the discretionary jurisdiction under this Article 102 of the Constitution. It has also been held by the......gh Court Division committed wrong in this respect. He also submits that BRAC not being prohibited or precluded by any law from undertaking activities which can generate profit was also expressly empowered by its memorandum to invest its money and there is no basis for contending that clause 3(xv...... The Constitution of Bangladesh, 1972, Article 102 Petitioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of well-to-do people of the country, not having been personally aggrieved t...... public limited company having complied with all applicable laws, rules and regulations for the time being in force. The certificate of incorporation section 24 of the Companies Act, 1994 was duly granted by the Registrar of Joint Stock Companies and is conclusive as to the incorporation in resp..Category: Constitutional Law | Date: | Hits: 199
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... Ekramul Huque Chowdhury and others…………Respondent Judgment December 1, 2001. The Evidence Act, 1872 (I of 1872), Section 73 Section 73 of the Evidence Act permits the Court to make a comparison of signature or writings and so adoption of such a method cannot be termed as h......appeal is directed against the said judgment and order of the High Court Division. 5. We have heard Mr. Ahmed the learned Advocate for the appellant. He has argued the appeal in terms of the leave granting order and our consideration thereof are hereunder. 6. There is no dispute as to Jana Jib..Category: Tenancy Law | Date: | Hits: 70
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... Commissioner of Taxes, Dhaka (South) Zone, Dhaka..…….. Appellant Vs. Ujala Match Factory………………………………......bsp; Mainur Reza Chowdhury J.- These appeals under Article 103(2) of the Constitution arise from certificate granted by the High Court Division under section 66A (2) of the Income Tax Act 1922 to appeal agai..Category: Fiscal/Taxation Law | Date: | Hits: 66
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ....... Respondents Judgment May 29, 2001. The Transfer of Property Act,1882 (IV of 1882), Section 105 i) There is no scope in the writ petition to decide disputed question of ownership of the parties in the land in question which should be lef......ssessing the property either by himself or through bargadar and the report of Tahsilder VP also admitted such possession and that Nidhiram cleared rental dues of the case land and so at the time of granting lease the petitioner ought to have been notified and thus directed to give preferential co..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
..... Judgment May 24, 2001. Result: The Petition is dismissed. The Limitation Act, 1908 (IX of 1908) Section 5 Condonation of delay under section 5 of the Limitation Act is a highly discretionary matter and the High Court Division exercised the discretion in favour of the Governmen...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......nder section 5 of the Limitation Act is a highly discretionary matter and the High Court Division exercised the discretion in favour of the Government respondent so the Appellate Division has nothing to interfere. Lawyers Involved: Md. Zahedul Bari, Advocate (appeared with the leave of the...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..Category: Procedural Law | Date: | Hits: 121
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......f the Revenue authority was challenged by the auction purchaser by filing writ petition. The High Court Division on consideration of different provisions of the PDR Act observed "Although the power conferred upon the revisional authorities mentioned therein under section 53 of the Act is in......uisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the b......e High Court Division made the Rule absolute and thereupon rejected the plaint of Title Suit No.82 of 1991 of the Court of Senior Assistant Judge, Iswarganj, Mymensingh. 7. Leave was granted to consider the contentions that the High Court Division mis-read or mis-conceived the stat..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......15.04.1999 passed by a Division Bench of the High Court Division in Writ Petition No. 2918 of 1998 thereby declaring the order passed by the respondent No. 1 Government of Bangladesh on 07.09.1998 to be without lawful authority. 2. The case of the writ petitioner respondent No. 1 is that ......ent police station was illegal. 4. A Division Bench of the High Court Division by the impugned judgment and order made the rule absolute as already mentioned above. 5. Leave was granted to consider the submissions made on behalf of the appellant that the appellant was appointe..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ...... instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner A.S.M.Khalequzzaman, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No.30 of 2002. (From the judgment and order dated 21.10.2001 passed by the High Co......No. 153 of 1986 decreeing the suit. 2. Short facts are that the plaintiff instituted the suit for declaration of title, confirmation of possession and for further declaration that the lease granted in favour of defendant No.1 in lease Case No.XII-E-129/1969-70 is illegal, void and without..Category: Property Law | Date: | Hits: 51
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