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Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....o.4 herein) of the Dispute Case did not pray for declaring him Chairman of Khetlal UCCA Ltd. rather he prayed for fresh election. The Joint Registrar illegally declared him Chairman though on such prayer was made in the Dispute Case. 4. The petitioner challenged the said order of Joint Re......, Advocate (appeared with the leave of the Court), instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.4. Not represented-Respondent Nos.1-3 and 5-6. Civil Petition for Leave to Appeal No. 785 of 2005. From the Judgment and Order dated 16th May, 2005 passe......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 162
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....uzzaman, the learned advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. By the proposed amendment the plaintiff added a prayer for declaration of title in the suit for partition and for payment of advalorem court fee ac......A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Petition for leave to appeal No.1248 of 2003. (From the Judgment and order dated 29.06.2003 passed b......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 154
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....ution Case till disposal of the aforesaid Miscellaneous Case No. 4 of 2000. Respondent Nos. 2-4 contested the application by filing written objection and the executing court rejected the prayer of the judgment debtor respondent No.1 Being aggrieved thereby respondent No. 1 moved the Hi...... Advocate (A.Quayum, Senior Advocate with him), instructed by Aftab Hossain, Advocate-on-Record-For Respondent No.1 Not represented— For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 474 of 2005. (From the Judgment and Order dated 5.4.2005 passed by ......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....and without jurisdiction and hence the same was not binding upon him. 7. The learned Advocate for the petitioner submits that the suit for mere declaration was not maintainable without having any prayer for consequential relief. In this connection the High Court Division referred to a decision r......rred to- 50 DLR 411. Lawyers Involved: Ziaul Hasan, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Civil Petition for Leave to Appeal No. 919 of 2005. (From the judgment and decree dated 5-1-2005 passed by the ......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..Category: Employment/Service Law | Date: | Hits: 181
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....cquired any title by purchase from Safatunnessa. At one stage of the suit defendant No.1 filed an application on November 21, 1966 under section 4 of the Partition Act (Act No. 4 of 1893) with the prayer for allowing him to buy back 4 annas share in the suit property (plot) on the ground that th......e 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff th......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
.... 53,44,55,437. It was stated in the plaint that the defendant No.1 i.e. the petitioner opened letter of credit (LC) for importing TSP fertiliser from Belgium worth Taka 19,78,62,294 which on the prayer of the petitioner was enhanced to Taka 20,56,99,094/05 in Bangladesh currency and that ......9, 2006. Result: The petitions are dismissed. Application of writ juridiction against the judgment and decree passed by the Artha Rin Adalat Since there is specific remedy in the statute for filing appeal against the judgment and decree of the Artha Rin Adalat, without availing the afor......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....in Ahmed CJ. - This appeal by special leave arose from an order of the High Court Division (Barisal Bench) dated 13 January 1986 in Criminal Appeal No. 139 of 1985 rejecting the accused-appellant's prayer for bail pending disposal of the appeal. While granting leave we directed release of the appe......ppellant Vs. The State...............……………………………………...............Respondent Judgment February 27, 1990. Result: The appellant is directed to take steps for getting his appeal hear. Bail Matter The appellant getting ad-interim bail continued on s......ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ..Category: Criminal Law | Date: | Hits: 64
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....dressed to the Collector of Customs requested him to clear the goods at the rate of 50% customs duty and 10% sales tax. 16.3.1985—Assistant Collector of Customs rejected respondent's prayer contending, inter alia, that the respondent will have to pay customs duty at the rate of ......cting upon the solemn promise made by the appellant incurred huge expenditure and if the appellant is not held to its promise, the respondent would be put in a very disadvantageous position and, therefore, the principle of promissory estoppel can also be invoked in this case. …………(14 & 2...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....umentary evidence being there that the tenancy right of the appellant's predecessor was perfected under the Non-Agricultural Tenancy Act the suit for simple partition was not maintainable without a prayer for declaration of title to the suit land. The appellant has no prima facie title to the su......lant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not available to the appellant because ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....application before the High Court Division praying for direction upon the respondents to pay their arrear salaries and other benefits. The High Court Division by order dated 21.08.2005 allowed the prayer directing the writ respondent’s i.e. the petitioners herein to pay their salaries as p......Not represented-Respondent Nos.2-133(In Civil Petition No. 990 of 2005). Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 p......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
.... the defendants and ad-interim injunction was also passed not to disturb the peaceful possession of the plaintiffs. Defendant No.1 appeared in the suit and filed written objection against the prayer for temporary injunction of the plaintiff on 15.02.2003 and the trial court after hearing th......Record-For the Petitioners Dr. Kazi Akter Hamid, Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent No.2 Civil Petition for leave to appeal No.56 of 2005. (From the Judgment and order dated 13.12.2004 passed by ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....port with Lohagara Police Station stating, inter alia, that on 04.01.1995 the accused petitioner No.1 Md. Sirajul Islam and co-accused Abu Bakkar entered his hut while he was saying esha prayer and kicked him and told him that they were taking away his daughter Hasin...... instructed by Nawab Ali, Advocate-on-Record-For the Petitioners A.S.M. Khalequzzaman, Advocate-on-record-For Respondent No.2 Not represented-Respondent No.1 Criminal Petition for leave to appeal No. 126 of 2003 (From the Judgment and Order dated 05.08.2002 passed by ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 42
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Government. In another suit, being Title Suit No. 88 of 1998 at the instance of the first party respondent Cyma Zarrar the second party petitioner Fazlul Kader Chowdhury and another were sued where prayer was made for declaration of her title to the suit property and also for declaration that th......ecord-For the Petitioner. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for leave to Appeal No. 65 of 2004 (From the Judgment and Order dated 20. 10. 2003 passed by......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
....which the accused appellant may find bail to its satisfaction." Thereafter the petitioner moved the Tribunal for bail on 07.07.2003 and the Tribunal by order dated 26.07.2003 rejected the prayer for bail. Against the aforesaid order the petitioner moved the High Court Division in Crimin...... Lawyers Involved: Kazi Shahadat Hossain. Senior Advocate, instructed by Md. Nawab AH, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 52 of 2004 (From the Judgment and Order dated 19.11.2003 passed by t...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....1969 to give settlement of some other khas land to defendant No. 6. Aggrieved defendant No.6 challenged the said order in Title Suit No. 152 of 1969 in the Third Court of Munsif, Patuakhali with a prayer for permanent injunction against the plaintiff. The suit was dismissed on contest and the de...... settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was recorded in his name in Khatian No. 646.This settlement was necessary for the purpose of his duty as shebayet of the deity kali installed in a temple upon the adjoining ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......Court by the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 1993 which was filed seeking declaration that the kabala described in the schedule attached to the plaint is forged, fraudulent and void. 2. The suit was filed on September 8, 1993 having been served o...... on record have held that the suit is collusive one. Since the findings so made by the High Court Division and the appellate Court is based on materials on record no purpose would be served in remanding the case back for enabling the plaintiff to get the thumb impression in the thumb impres...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....,000 (three lac) shares of Tk. 100.00 each total value at Tk. 300,00,000.00 (Taka three crore) on the erroneous view that since shares were not procured with the rest of the fund of Tk. 200,22,000.00 prayer for recovery of said funds could not be allowed in the present proceedings and as such the ......vil Petition No. 20 of 2004). Not represented-.Respondent Nos.3-5 (In Civil Petition No. 163 of 2004). Not represented-Respondent Nos.3-6(In Civil Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20t......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
....assed by the High Court Division in Criminal Revision No. 1185 of 2003 affirming those dated 2.4.2003 of the learned Additional Sessions Judge, Chittagong in S.T. Case No. 19 of 1990 rejecting the prayer of the accused-petitioner to issue summons upon doctor and production of medical register of......ion No. 1185 of 2003) Judgment: Mohammad Fazlul Karim J. - This Criminal Petition for Leave to Appeal arises out of judgment and order dated 22.10.2003 passed by the High Court Div...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....Judge and decree the suit". 20. Fact of the aforesaid case is that landlord instituted the S.C.C. suit for eviction of the defendant from a shop room on the ground of his bonafide requirement. The prayer for ejectment was opposed by the tenant that the botained the possession of the premises in s......itional assistant judge, sadar, Gazipur in house rent case No. 1 of 1997 decreeing the same. 2. The suit was filed seeking ejectment of the monthly tenant on the ground of bonafide requirement and for unauthorized activities as well as causing annoyance and disturbance to the other tenants. 3.......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...Category: Tenancy Law | Date: | Hits: 180
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....ned an order of stay for a period of 6 months. 6. After obtaining the order of stay from the High Court Division the respondent No. 3 filed an application before the respondent No.1 with the prayer for making necessary order in the light of the order of the High Court Division in Civil Rev......e, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and kind ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
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