: High Court Division Full List
 
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Case Number Parties Short Description
1
Md. Najrul Islam vs. The state
Rule is made Absolute
2
Md. Mahabub Hasan vs. The state
Rule is made Absolute
3
Abdul Khalid vs. The state
Rule Absolute
4
Asadujjaman Asad -Versus- Bangladesh and others.
A public authority cannot cancel a tender or decide to retender a property merely on its subjective satisfaction or by assigning a ground which is inconsistent with the published tender conditions. The decision must be supported by relevant and lawful reasons and must reflect proper application of mind to the circumstances of the tender process. In the present case, the principal justification advanced by the respondents for treating the petitioner`s bid as incomplete is the failure to submit a pay order representing the entire quoted tender price. Since no such express mandatory condition is found in the tender notice or its accompanying terms and conditions, we are unable to accept the said justification. We are also unable to accept the contention that the petitioner`s father`s previous possession or leasehold interest in the property creates any preferential or vested right in favour of the petitioner to obtain the present lease. A previous lease, having expired, does not automatically confer upon the former leaseholder or his legal representatives any right to obtain a subsequent lease, unless such preferential entitlement is recognised by law or the applicable terms and conditions. Nevertheless, the authority concerned is under a continuing obligation to ensure that the property belonging to the Zila Parishad is properly managed and that no person is permitted to enjoy its benefits without lawful authority or payment of the prescribed consideration. The public interest requires that the property be dealt with through a fair, transparent and competitive process so that the public authority does not suffer any financial loss.
5
Hazrat Ali and others ... Plaintiff-Petitioners -Versus- Government of Bangladesh and others ... Defendant-Opposite Parties
Discharged
6
Md.Sanwar Hossain ……. Petitioner Vs. University of Rajshahi, represented by the Vice Chancellor, Uniersity of Rajshahi, Rajshahiand others …Respondents
Absolute
7
Md. Al Amin and others ……. Petitioners Vs. Government of Bangladesh and others …Respondents
Absolute
8
Golam Rabbani Vs. Dr. Mamun Shariar and others
Suit for declaration of title
9
Zakir Hossain Rony Vs. Monir Hossain Raju and others
Suit for declaration of title
10
Md. Monirul Islam and others Vs. Secretary, Secondary and Higher Education, and others.
Rejected summarily
11
Rahima Khatun being dead her heirs-Mohammad Morshedur Rahman and -Versus- Home Design Limited and others
The First Appeal is allowed.
12
Diplomat Bond Limited ... Petitioner -VersusThe Commissioner, Customs Bond Commissionerate, Dhaka (North) and others. ... Respondents
Discharged
13
Md. Anarul Islam -Versus- The State and another
The Rule is discharged.
14
Molina Begum being died her legal heirs: Shafiqul Islam and others Vs. Government of Bangladesh, represented by the Deputy Commissioner, Manikgonj and others
Suit for declaration of title
15
Sheikh Golam Mowla represented by his constituted Attorney Sherina Akter Vs. Mohammad Sheikh
Suit for declaration of title
16
Abdur Rahim ----Petitioner. -Versus- Dhaka (South) City Corporation and others ----Respondents
In the result, the Rule is discharged without any order as to costs.
17
The Government of Bangladesh Vs. Shawpan Banerjee and others
Property inclusion of the Vested Property (Migration)
18
Khalikul Islam Sarder (Khalid) -Versus- The State and another
The Rule is discharged with modification.
19
Karoonee Knit Composit Mills Limited, represented by its Managing Director Md. Kutubuddin Ahmed and another vs. Government of Bangladesh
Inclusion of the Vested Property in the Ka and Kha list
20
Gerab LLC.-VS- Government of Bangladesh and others
A foreign arrest warrant issued by a competent court does not, by itself, become enforceable within the territory of Bangladesh so as to impose an obligation upon the local authorities to arrest or surrender the person concerned. The arrest, extradition or surrender of a person to a foreign State must be undertaken strictly in accordance with the applicable domestic law and the prescribed legal procedure. A private party, notwithstanding its interest in the foreign criminal proceedings, cannot, merely by submitting an application to the concerned authorities, compel the execution of a foreign arrest warrant in the absence of the requisite legal process. Unless a statutory or constitutional obligation requiring the respondents to act is established, their alleged inaction cannot be characterised as a failure to discharge a public duty warranting the exercise of jurisdiction under Article 102 of the Constitution.
21
Md. Abul Kashem Vs. Md. Babul Hossain and others
This matter for abated
22
Md. Kazim Uddin -versus- The State and another
The Rule is discharged.
23
Md. Ali Akbar Mintu -Versus- The State and another.
The appeal is dismissed with modification of the sentence of fine.
24
Md. Lal Miah -Versus- The State and another
The Rule is discharged.
25
Md. Abul Bashar -Versus- The State and another
The Rule is discharged.
26
Md. Baccu Miah and others -Versus- Md. Nur Uddin and others
The First Appeal is allowed.
27
Mohammad Nazmul Haider Chowdhury Vs. Government of Bangladesh represented by the Secretary Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and others.
Section 2(4) of the Power of Attorney Act, 2012 defines an irrevocable Power of Attorney by reference to the nature and purpose of the transaction. Section 4(6) provides for the devolution of rights and liabilities arising out of an irrevocable Power of Attorney upon the lawful heirs or successors of the deceased or legally incapacitated person, subject to the statutory proviso. Similarly, section 11(1)(d) excludes an irrevocable Power of Attorney from the general rule of termination upon the death of the donor.

Upon a harmonious interpretation of the aforesaid provisions, we are of the considered view that an irrevocable Power of Attorney coupled with consideration and interest stands on a different footing from an ordinary Power of Attorney. Where the attorney has acquired a subsisting interest in the subject matter of the agency through a lawful transaction, the instrument cannot be treated as a mere delegation of authority divorced from the underlying transaction. Nor can the interest so acquired be defeated merely by the death of the principal.
28
Joyrath Paul and others Vs. Government of Bangladesh represented by the Secretary Ministry of Land, Bangladesh Secretariat, Ramna, Dhaka and others.
In considering the matter, we find it necessary to refer to the provisions of Clause (kha) of Section 12 of the Orpito Sampatti Prottyarpan Ain, 2001. The said provision makes it clear that an order directing release of any property from the list of vested properties shall not, by itself, be deemed to declare or confirm the title, possession or any other right of the applicant in respect of the property so released. In other words, the jurisdiction of the Tribunal under the said Act is confined to examining the legality of the inclusion of the property in the list of vested properties and determining whether the applicant is entitled to have the property released from such list. Such an order does not operate as a declaration of title or confirmation of possession in favour of the applicant.

Upon a conjoint reading of Sections 10, 12 and 17 of the Orpito Sampatti Prottyarpan Ain, 2001, we are of the view that the jurisdiction of the Tribunal is confined to determining whether the property in question has been lawfully included in the list of vested properties and whether the applicant has established a prima facie claim entitling him to obtain an order for release of the property from the said list. The Tribunal is not vested with the jurisdiction to conclusively adjudicate upon competing claims of title, ownership or possession between rival claimants.
29
Md. Tayab Uddin Vs. Government of Bangladesh represented by the Secretary Ministry of Secondary and Higher Education, Bangladesh Secretariat, Ramna, Dhaka and others.
We are conscious of the settled principle of law that the grant of MPO benefits is a matter of Government policy and that an employee of a non-government educational institution cannot claim such benefits as a matter of absolute right. In this regard, the Appellate Division, in Government of Bangladesh and others v. Md. Nazrul Islam and others, reported in 27 BLT (AD) 167, observed that MPO benefits are granted in accordance with Government policy and that such benefits cannot be claimed as a matter of right in the absence of infringement of any legally enforceable right or violation of law. The aforesaid principle has also been reiterated by the Appellate Division in Government of the People`s Republic of Bangladesh and others v. Ismat Ara Jahan and others, reported in 12 LM (AD) 290; Government and others v. Md. Mainul Haq and others, reported in 12 LM (AD) 345; and Government of Bangladesh and others v. Md. Musabbir Mamun and others, reported in 15 LM (AD) 98.
30
Md. Khabir Uddin and others Vs. Md. Ali Akbor and others
Suit for declaration
31
Md. Abdur Rashid and others Vs. Md. Mokaram Hossain and others
Title Suit
32
Sree Joyanto Kumar Roy and another Vs. Dinesh Chandra Roy and others
This suit for permanent injunction
33
Meghna Star Cables and Electrical Appliances Ltd Vs. Director Procurement Bangladesh Rural Electrification Board (BREB) and others
This is an arbitration case under Section 7A of the Arbitration Act, 2001 read with Section 151 of the Code of Civil Procedure
34
Syeda Shaira Mohsin and others
Disposed of
35
Prodip Mondal -Versus- The State and another
36
Md. Shahajahan Sarder and another. -Versus- The Government of the People’s Republic of Bangladesh and others.
A public authority, while discharging its statutory and administrative responsibilities, is under an obligation to act fairly, reasonably and in accordance with law. Where a representation has been duly submitted before the competent authority, the authority concerned is required to apply its independent mind to the issues raised therein and arrive at a decision by considering the relevant facts, applicable laws and Rules. The decision may be either in favour of or against the person making the representation; however, the authority must communicate its decision through a reasoned order. Keeping such a representation pending without any decision or communication, particularly for an indefinite period, cannot be regarded as a fair or satisfactory discharge of public duty.
37
N. Mohammad Plastic Industries Limited Vs. Commissioner of Taxes
the reference application is disposed of
38
Abul Bashar Patwary and another -Versus- On the death of op No. 1, her heirs are already on record: Sirajul Islam and others
Absolute
39
Abul Fayez Md. Mahbubul Haque and another -Versus- Mst. Sabekunnahar and others
Absolute
40
Most. Ambia Khatun -Versus- Mst. Halima Begum and others
I am of the firm view that properly framing issues is a substantive procedural safeguard essential to a fair trial, confining adjudication to the actual controversy, and ensuring an effective determination. Consequently, the Court cannot adjudicate beyond the scope of the pleadings, nor can parties introduce a new case through evidence. However, failing to frame a material issue does not absolve the Court from deciding the real controversy, provided no prejudice occurs to the opposing party. Finally, the appellate court must ensure these safeguards by verifying that the trial court`s findings are fully supported by evidence tied directly to the settled issues.
41
Nazrul Islam Monju----Petitioner. -Versus- Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works----Respondents
As a result, the Rule Nisi is made absolute without any order as to costs.
42
Showkat Aziz and others. … Petitioners -Versus- Bangladesh Bank represented by its Governor, Bangladesh Bank Bhavan, Motijheel Commercial Area, Dhaka and others. … Respondents
Absolute
43
Mrs. Sufia Khatun versus Mohammad Mostafa Kamal and others
As per section 92 of the Evidence Act, 1872, the written terms of the contract cannot be altered or varied by oral evidence.
44
Cosmos Sea Foods Limited -Versus- Sonar Bangla Insurance and others
The First Appeal is dismissed.
45
Mr. Touhidul Islam Chaudhury, son of late Tariq Ahmed Choudhury and Mrs. Nurjahan Begum of House-27/E, Road-10, Banani Model Town, Dhaka-1213 and also at House No. 348, Road No. 05, DOHS, Baridhara-1212, Banani, Dhaka represented by his constituted lawful attorney- Md. Mostafizur Rahaman Saikot.-Vs-The learned Artha Rin Adalat No. 5, Dhaka and others.
Absolute
46
Abdul Mannan and others … Plaintiff-Petitioners Versus Government of Bangladesh and others ... Defendant-Opposite Parties
Absolute
47
Abdul Baset Majumder, being dead, his legal heirs: 1. Mossammat Rowshan Jahan Meherunnesa, wife of late Abdul Baset Majumder and others versus Rajdhani Unnayan Kartripakkha (RAJUK), represented by its Chairman, 1 RAJUK Bhaban, RAJUK Avenue, Motijheel, Dhaka-1000 and others
Discharged
48
Mohammad Asif -Versus- Government of the people’s Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka and others
The First Appeal is allowed.
49
Md. Joynal Abedin -Versus- Md. Amzed Hossain Biswas, being dead, his heirs: 1(a) Md. Mostafa Kamal and others
So far as the existence of the R.S. record in the name of the opposite party, I am of the view that the R.S. record prepared and published in the opposite party`s name while a pre-emption case is pending does not, if that case ends unsuccessfully, confer legal entitlement on that party.
50
Samirendra Guha Roy -Versus- Shabana Khatun and others
The First Appeal is allowed.
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