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Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......ners’ relief could not have been obtained from the Tribunal. They have rightly invoked the jurisdiction of the High Court Division under Article 102 (1) of the Constitution. The writ petitions were fully maintainable…….(80 & 82) Cases Referred to: State of UP vs. M Srivastava, AIR ...... power has been conferred on the Public Service Commission but only a function has been enumerated and described. When the Constitution confers an exclusive power to the exclusion of others, its language is exclusionary. See Article 7(1): “7 (1). All powers in the Republic belong to the people,..Category: Constitutional Law | Date: | Hits: 185
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......of service that the advocate was rendering to the complainant is indicative of the fact that he was rendering service not only as a lawyer but also helping his cousin and both the parties having peacefully resolved the differences, punishment of reprimand is adequate in the facts of the present case......4 her husband’s younger brother Obaidullah Humayun Kabir tried evict her with her two minor daughters from her husband’s house at 6, Hare Street, Dhaka with view to grab the house; that at this stage respondent No. 1 Mr. Khawja Abdul Gani who is also cousin (Fufata Bhai) unsolicitingly came and ..Category: Others | Date: | Hits: 105
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......s and circumstances and discussion made above we find merit in this appeal. In the result the appeal s allowed without any order as to costs. Impugned judgment is set aside and the suit is decreed in full for realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as pra......the plaintiff against judgment dated 3-8-1998 passed by the Admiralty Court in Admiralty Suit No. 48 of 1996 dismissing the suit. 2. Plaintiff filed the aforesaid suit for recovery of damages and compensation of US $ 22,631.80 equivalent to Taka 9,50,535.60 at the conversion rate of Tak..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......but the High Court Division disregarding this settled proposition entered into the merit of the suit itself as to the maintainability of the same. Dr. Kamal Hossain strenuously argued and argued with full force at his command that when palpable fraud has been committed in the earlier suit the civil ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....gment May 18, 2000. Result: The petition is dismissed. Burden of Proof When relationship between the transferee and transferor is that of a Pir and disciple who is not a well educated woman burden of proof is on the Pir to establish that the transfer was valid and legal. Principle of......isciple who is not a well educated woman burden of proof is on the Pir to establish that the transfer was valid and legal. Principle of law in this respect is to protect persons whose disabilities to fully understand the nature and effect of transfer of their property make them dependent upon or sub...... transfer of their property make them dependent upon or subject them to the influence of others even in the absence of deception or coercion whereby they transfer their property to their own disadvantage………….(8). Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......pati, Habib had hockey stick and other accused persons had various weapons in their hands. At the order of accused Sekandar his son accused Bijoy assaulted Munir. He also testified that Police seized full pant, ganji, jangia of the deceased. He was also a seizure list witness. PW 8 Gazi Mozaffar Hos......ce wherein some accused persons dealt blows with chapatti and hockey-stick on the person of PW 2 Md. Shahadat Hossain @ Swapan with the intention to murder him. After receiving the injuries Swapan managed to escape and was treated in the hospital. On the same day at about 9-00 PM while informant Abd..Category: Criminal Law | Date: | Hits: 108
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......Procedure and setting aside the ex parte decree passed on 17-8-72 in O.C. Suit No. 29 of 1972. 2. The predecessor of the present Respondent Nos. 1 (a) to 1(j) late Abdul Yunus Talukder and his full sister the Respondent No. 2 as the plaintiff Nos. 2 and 1 respectively brought the S.C.C. Suit ...... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ..Category: Procedural Law | Date: | Hits: 83
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......77. The C.S. record of rights of the 'Kha' schedule land was prepared and published in the name of Mudhu Lai Bhowmick, Jadu Lai Bhowmick, Ram Ballav Bhowmick, Chandra Kumar Bhowmick and Jageswar Bhowmick as tenants under the landlord. They surrendered their land orally in favour of..Category: Property Law | Date: | Hits: 63
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......ntiff filed an application in July, 1983 by way of remainder before the Sub-Divisional Officer, Sadar, Dhaka, a Prescribed Authority under Article 15 of the Bangladesh Abandoned Property (Control, Management and Disposal) Order ( President's Order No. 16 of 1972) read with Rule 5 of the Banglade..Category: Civil Law | Date: | Hits: 128
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......ving legal notice. 4. The defendant's case is that the goods were sold on "as is where is” basis. According to the tender notice the tenderer was to pay the quoted price in full within one month or else the earnest money at the rate of 2.50% and the subsequent pay......holding that no contract was formed between the parties inasmuch as there was clear offer and acceptance between the parties and in case of breach of warranty the plaintiff was entitled to ask for damages and that in view of the letter of the plaintiff exhibit-Kha and exhibit-10, it is evident from ..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......endants. After taking settlement Abdur Rahim possessed southern 10 ganda of land by raising a dwelling house while Nur Ali lived similarly on the Northern 10 gandas. Abdur Rahim and Nur Ali were full brothers. A. Rahim was the eldest. Nur Ali died before R.S. operation leaving one wife Bibijan,......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......p; error of law by holding that the suit is not barred by section 42 of the Specific Relief Act, that the above contention of the learned Single Judge of the High Court Division is misconceived, full of misreading of facts because of the fact that there is reference in respect of rej......issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete Justice at such stage of the suit…….(21) Cases Referred to- Fazlur Rahman Vs..Category: Employment/Service Law | Date: | Hits: 211
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ...... filed execution case No.3/2000 before the Administrative Tribunal for the execution of the decree dated 24.6.1996 and 20.12.1998 of the Administrative Appellate Tribunal, Bangladesh Dhaka for giving full relief but the Member of the Administrative Tribunal did not entertain the said Execution Case ......t of Assistant Commissioner of Taxes and Deputy Commissioner of Taxes, but the National Board of Revenue is not the Competent Authority to give anti-dated seniority and promotions as per rule B(10) page 37 and rule C(10) page 44 of the Allocation of Business amongst the different Ministries and Div..Category: Administrative Law | Date: | Hits: 162
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