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Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......interpret law in the light of manifest intention of the legislature." Solicitor, Government of Bangladesh vs. Syed Sanwar Ali 27 DLR (AD) 16. 45. In series of cases this Court laid down a general principle that in appeals involving short sentences the High Court Division should dispose of the ap......een heard together and are being disposed of under this judgment. 2. Criminal Appeal No. 5 of 2008 has arisen out of leave granting order dated 31-1-2008 passed by this Court in criminal petition for leave to appeal No. 46 of 2008 challenging the order dated 13-12-2007 passed by the High Court D......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......on setting aside the judgment and decree dated January 29, 1991 of the Court of Assistant Judge, Raozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is th...... from causing disturbance to the possession and enjoyment of the land in suit described in the schedule attached to the plaint. In a suit for permanent injunction the primary question for determination is the possession of the parties who is seeking the decree for permanent injunct..Category: Property Law | Date: | Hits: 42
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......l of the Court in support of the fixation of the tariff value, possibly the appellant would have no grievance in the rule. 20. Dr. Kamal Hossain has relied on the decision and the principle of law enunciated in the case of Mustafa Kamal Vs. The Commissioner of Customs reported i......te Ltd, 1994 PLD (SC) 363; Govt. of Province of Bombay Vs. Pestonji Ardeshir Wadia and others, AIR 1949 PC 143; Gupto Imp. Vs. Board of Revenue, AIR 1953 SC 25; Texco Stores Vs. Secretary of State for Environment and others, (1995)2 All England Reports 636; Ghulam Zarina, 16 DLR 486 Vs. A.B. Kho......et value inasmuch in this jurisdiction which gave rise to a controversy between the parties requiring factual prove into the matter on the basis of material brought on record by the parties, which determination is beyond the scope of judicial review of the High Court Division in its jurisdiction..Category: Fiscal/Taxation Law | Date: | Hits: 107
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......1 of the Code of Civil Procedure is directory and not mandatory. 3. Leave was granted on the submissions that the above judgment and order of the High Court Division passed relying upon the principle of law laid down in the case reported in 47 DLR 326 conflicts with the principles as laid......as obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants ......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......t prejudicial to the interest of Bangladesh. The second is the property which is in possession or under the control of the Government under any law in force for the time being". 36. "Thus from the principle laid down in the case cited above, it is found that the construction of Article 2 (1) is e......d order dated 20-7-1994 passed by the High Court Division in Writ Petition No. 298 of 1987). Judgment Amirul Kabir Chowdhury J. - At the instance of Arif A Shekha and nine others Civil Petition for Leave to Appeal No. 99 of 1998 was preferred against the judgment and order dated 20 July 1994 p...... of the Government under any law in force for the time being". 36. "Thus from the principle laid down in the case cited above, it is found that the construction of Article 2 (1) is explicit in the determination of a property as an abandoned property. Therefore, preliminary formation of the opin..Category: Business or Commercial Law | Date: | Hits: 114
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......ebruary 26, 1990. Result: The appeal is allowed with cost. The Code of Civil Procedure, 1908 (V of 1908), section 34(1) & (2) Admission of the appellant was limited upto the extent of principle amount. There is no indication in the decree that the respondent is entitled to any furthe......the decree being silent as to further interest or any interest, it must be held under section 34(2) CPC that the court has refused such interest. The view taken by the High Court Division cannot therefore be supported. Thus the appeal is allowed and the appellants pay an amount of tk. 2000/- to the ......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......but merely an agreement to enter into a contract and the High Court Division, on misreading and misconstruing the correspondences vide Annexures A, A(1), D, D(1), E and E(1) and misconstruing the principles laid down in Currimbby & Co. Ltd Vs. LA Greet and other, AIR 1933 PC 89, Collipara S......8-1998 issued by the appellant withdrawing the letter of intent dated 3-8-1998. 2. The respondent No.1 filed the above writ petition stating that the appellant floated a tender inviting proposals for supply, installation and maintenance of 100 sets of 160 KVA diesel generators for maintaining un......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......f 1985 and that including of the property in question in the 'Kha’ list and publication of the said list in the Bangladesh Gazette is quite legal. 2. The writ petition was filed challenging the aforementioned judgment of the Court of Settlement. The High Court Division upon making the Rule ab......ce on the claimant of the property. In our judgment we addressed the aforesaid contention of the petitioner and we observed "The question of service or non-service of notice is a question of fact and determination thereof is required upon consideration of the evidence brought on record by the partie..Category: Property Law | Date: | Hits: 37
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......bove finding decreed the suit and the High Court Division, in a misconceived way, discharged the Rule. 6. As it appears the High Court Division discharged the Rule holding that it is settled principle of law that no injunction should generally be granted against co-owners as all co-owners...... Lawyers Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1394 of 2003. (From the judgment and order dated 24th June, 2003 pa......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......enior Advocate, with Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.—For the Petitioner. Not represented—Respondents Civil Petition for special leave to appeal No.160 of 1977 (From the Judgment dated the 31st August, ......to such land, at the time of such acquisition, be regulated by the provisions of this Act. (2) The rights and liabilities of other non-agricultural tenant shall, except in the matter of determination, enhancement or reduction of rent, be governed by the terms of the lease and th..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......s given great weight and when its finding is accepted as correct on re-assessment by the appellate Court, then the Appellate Division does not like to interfere. When it is found that the established principles of assessment of evidence have not been followed and it has been accepted as reliable wit...... Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring incon......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......s not well founded. It has feebly been submitted by the learned Counsel for the appellants that plaintiff's case has been decreed on the weakness of the case of the defendants although the accepted principle of law is that plaintiff is to prove his case or, in other words, plaintiff's success de......ers in favour of defendant Nos. 2 and 3 are illegal and void. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'ka' attached to the plaint and for declaring 4 kabalas described in schedule 'Kha' illegal, fabricated, forged, void, collusive an......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......to purchase the land in suit and he got the delivery of possession of the suit land upon the execution of the agreement for sale. In the background of the said fact it was held "The equitable principle as given in section 53A can be invoked by the defendant for protecting his possession..........36 of 1996 was filed seeking the relief primarily: Bangla………….. 4. It may be mentioned that respondent Nos. 1 and 2 herein filed Other Suit No. 26 of 1990 before the 1st Court of Subordinate Judge, Chittagong and the same was later on renumbered as Other ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......nbsp; against the plaintiff but he was acquitted, that defendant No.2 filed Title Suit No. 170 of 1980 claiming easement right over the suit laud but the same was dismissed for default, that Bipin Chandra filed Title Suit No. 428 of 1979 impleading the plaintiff but late......n, etc. and a Dighi for the use of the people of the village to plaintiff's vendor Bipin Chandra. In the background of the case of the respective parties in the suit, in our view, in the absence of determination of title of the person from whom plaintiff said to have acquired title in the land i..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......sion, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent for amendment of the additional written statement filed by the said respondent in a suit instituted......absolute and allowed the respondent’s application for amendment of the additional written statement on the view that the proposed amendment of the additional written statement would help the determination of the real question in controversy between the parties. 7. Special leave was ..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......peal has been provided and the provision for transfer in section 28 of the Ordinance is an independent one and not in any way linked up with the functions of the Tribunal to invoke the principle of transfer in the election cases taking aid from the Code of Civil Procedure. Such ...... Judgment Mahmud Husain, CJ— This appeal by Special leave arises out of a judgment passed by a Bench of the High Court in writ jurisdiction summarily rejecting the petition filed for declaring the order dated 9 5-77 passed in Election Tribunal Case No. 6 of 1977 by respond......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......tion of tax on lands and buildings owned by trustees but let out on rental basis to others. The reference to Bindra's Interpretation of Statute by Mr. Sobhan is on the basis of the case we find no principle therein for application in this case. 8. In support of his contention Mr. Sobh...... judgment passed by the then Dacca High Court in Writ petition No. 127 of 1970 filed by the appellant challenging the orders of the respondents imposing urban tax amounting to Tk. 1,11,481.00 for the years 1964-65 to 1968-69 under section 3 of the Urban Immovable Property Tax Act, 1957 (her......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ...... because of the lower grade in their pay scale, they would be deprived of such opportunity though they also held similar position of the Chief Medical officer and as such it being contrary to principle of equity and justice required to be interfered. 5. The rule was contested by ......e Petitioners Md. Rafiqul Islam Mia, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3 Not represented-Respondent Nos.4-6 Civil Petition for leave to Appeal No.742 of 2005 (From the Judgment and Order dated 01.03.2005 passed by ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......ught permission of the Court to support the appeal on additional ground which runs as: "Because even if the appeal fails on the ground on which leave had been granted (on the principle enunciated in the case of Brindaban Das reported in 6 BLD (HCD) page 85) the appeal sh......of the land said to have been received from the defendant Nos.2 and 3 is not correct, that the whole transaction between the defendant No.1 and defendant No.2 and 3 is a camouflage transaction for some evil design and for the sole purpose of defeating the plaintiffs right of preemp...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......e private sector is to be taken by the Cabinet Committee. In that letter the Bangladesh Bank further informed the Ministry of Finance that on 02.01.1982 the Cabinet Committee in its meeting in principle decided to permit this new bank to been established in the private sector and accordingl...... 22nd December 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
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