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Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ...... applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......ecree of the appellate court, but that would not have the effect of wiping out the proceedings taken for execution of the decree passed by the trial court. What should be done in a case of this nature is that the decree holder can inform the court as to the result of the appeal and the execu..Category: Procedural Law | Date: | Hits: 93
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......here is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ...... petitioner and others as to their promise to make payment as agreed upon and thereafter the complainant found that some unknown persons had been residing in the premises and they also changed the nature and character of the house and the monthly rent as agreed upon was not also paid to the resp..Category: Criminal Law | Date: | Hits: 30
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ind no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......he appellants asked an explanation from one Chan Ali Khan the concerned Executive Engineer, who granted the said higher scale and in reply the said officer categorically stated that in view of the nature of the duties of the respondent No. 2 and 3 by plying the vessel in 3 (three) shifts the hig..Category: Employment/Service Law | Date: | Hits: 55
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......it in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ...... 3. It has also been mentioned hereinbefore that he is not a disinterested witness, rather interested witness being nephew of Jitu Mondal through whom the defendants are claiming the land in suit, nature and quality of evidence of D.W.3 has been discussed herein-above and as such his eviden..Category: Property Law | Date: | Hits: 35
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......s interference by this court. The appeal is allowed without any order as to costs. Ed. ...... pattan as he was a minor at that time and P.W. 2 Mozzafor Hossain who proved the pattan dakhila was not present at the time of granting Dakhila but he claimed that he knew the hand writing and signature of Basanta Kumar. The trial court also found that the original kabala Ext.A series in favour..Category: Property Law | Date: | Hits: 37
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......lip;….....Petitioner Vs M.A. Kader and others..........................Respondents. Judgement January 1, 2005. Lawyers Involved: Khandhker Mahbubuddin Ahmed, Senior Advocate (Mustafa Niaz Muhammad, Senior Advocate with him) instructed by Mohammad......y order dated 30.09.2003 and the present petitioner and others were restrained from making any katcha and pucca construction or from making any structure of any pucca building or from changing the nature and character of the suit land till disposal of the miscellaneous case. The present petition..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ...... Division in Writ Petition No. 3396 of 1991 discharging the Rule obtained impugning Memo. No. 1221(5) J, M, 60 dated 14.12.1991 of the Office of District Magistrate, Chittagong issued under the signature of Mr. Azim Uddin Ahmed Chowdhury, Magistrate, 1st Class, Sadar, Chittagong addressed to the..Category: Property Law | Date: | Hits: 38
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......ade hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......ts being a ministerial act, shall not be open to appeal as provided in Rule 23 sub-rule (4) of the Tenancy Rules, 1954. He certainly exercises no judicial function. The functions are much more in the nature of a fiscal enquiry for the purpose of ascertaining which of the several claimants for the oc..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ision. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......lf-accusing statement in direct face of the consequence of the accusation, is explicable fully by the proximity of those consequences, and need have no connection whatsoever with either its voluntary nature, or the truth of the facts stated. The retraction of the confession was wholly immaterial..Category: Criminal Law | Date: | Hits: 63
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......hout any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......bject of the 'disqualification' provision appears to be the furtherance of economic and financial interest of the State and though it has not been expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons constituting these local bodies. It is a common..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ...... This case is also reported in: 42 DLR (AD) (1990) 112. ......ention of the appellant noticed that the Assessee Company never challenged the transaction on the ground that it was "a transaction under involuntary circumstances and as such was voidable in its nature". Therefore, the view was taken that such question cannot be considered in this proceeding. H..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ...... aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......n sought by the pre-emptor-petitioner making a new claim for pre-emption on the basis of contiguous ownership of the disputed lands would prejudicially affect the respondent as it would alter the nature and character of the proceeding and when it was barred by limitation. 3. The appellant fil..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......Case is also Reported in: 42 DLR (AD) (1990) 107. ......ted. In the case of Seth Manakchand AIR 1944 Privy Council 46 it has been held that "for the purpose of interpreting a decree no other document is so directly in point as the judgment or can in the nature of things have comparable force." Therefore, reading the decree in the context of what ha..Category: Civil Law | Date: | Hits: 113
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......ed for the scrutiny of the evidence. It transpires that the application was made for allotment of 8 bags of powder milk (Ext.8). P.W.3 stated that he recommended the application by putting his signature. He could not, however, state that the accused took delivery of the milk powder. P.W.4 Joynal..Category: Anti-Corruption Laws | Date: | Hits: 125
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......rsonal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......he Privy Council in the case of Seth Manakchand AIR (II) 1944 Privy Council 46 that "For the purpose of interpreting a decree no other document is so directly in point as the judgment or can in the nature of things have comparable force". The learned Additional Attorney General assailed the inte..Category: Property Law | Date: | Hits: 38
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ....... The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 When Government is keeping a watchful eye on the activities not only of the Managing Committee of the school but also of the nature of the proposed construction of the super market and it is also in active consideration of th..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......to him, obviously enough, such jurisdiction means and refers to the jurisdiction he exercises while silting as a Court." 6. An election dispute, relating to right to office, is no doubt civil in nature and the procedure laid down in Rules 47 and 48 for the trial of such disputes is the same a..Category: Election Law | Date: | Hits: 125
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......they were falsely implicated. It was also suggested that deceased Motahar used to hold ghatu dance. These suggestions were, however, denied by the witnesses. Be that as it may, having regard to the nature of the witnesses and their testimony, we do not think that the view taken by the learned Judg..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......ismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... for which, a torchlight was also taken from his (P.W.1) house. Foundation of the prosecution case was sought to be laid on the evidence as to escort, but this foundation is shaken by the dubious nature of the escort. 11. Further evidence of P.Ws. 1, 4 and 5 is that they stood on the eastern ..Category: Criminal Law | Date: | Hits: 52
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