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AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....mmitted illegality in holding that there is no scope for obtaining the opinion of the handwriting expert at the appellate stage although appeal is the continuation of the suit and that defendant No.1 rightly prayed for additional evidence at the appellate stage and, as such, the impugned judgment sh......ior Advocate, instructed by Zainul Abedin, Advocate-on-Record—For the Respondent No.1. None Represented—Respondent Nos. 2-3. Civil Appeal No.283 of 2010. with Civil Petition for Leave to Appeal No.73 of 2012. Judgment Syed Mahmud Hossain J.- This appeal by leave b......n the 'bainapatra' was forged and, as such, the impugned judgment should be set-aside. He then submits that the PWs could not prove execution and passing of consideration money and in such state of affairs, a suit for specific performance of contract could not be decreed. 10. Mr. Mahbubey Alam,......ne 13, 2012. Result: The appeal is allowed. The civil petition is discharged. An appeal is the continuation of the suit and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including ta..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......idullah, Advocate-on-Record- For Respondent No.1. Not represented-For Respondent No.2. Civil Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer fo......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......ffording him any opportunity of being heard. 2. Respondent No.1 instituted Other Class Suit No.3 of 1999 seeking declaration of title in respect of the suit land. The suit was dismissed by the trial Court. He took an appeal in the lower appellate Court and in the said appeal he filed an appl..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......dgment June 5, 2012. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972, Article 102 Mere an omission to write the word appeal in the application cannot be a ground for not treating that application as an appeal. Though the caption of the application filed by th...... committed any error in holding that after delivery of the judgment in the earlier Writ Petition No.20 of 1999 the authorities of the Biman, apparently in hot haste, dismissed the petitioner and that fairness in the disciplinary proceedings could have been achieved had the petitioner been allowed ......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....y diminish the overwhelming importance of the point." 32. Having considered that the provisions of the RPO in general it appears that to ensure free and fair election and also to ensure the right of the electorates the Representation of the Peoples Order, 1972, as amended till date was mad......f the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... or voluminous discussion can possibly diminish the overwhelming importance of the point." 32. Having considered that the provisions of the RPO in general it appears that to ensure free and fair election and also to ensure the right of the electorates the Representation of the Peoples Orde......trued strictly and there is no scope for making any of its provisions redundant or meaningless. 33. Article 66(1) of the RPO is quoted below:— "Where, after the conclusion of the trial, it appears that there is an equality of votes between two or more contesting candidates, and ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ...... Result: The petition is dismissed. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. For the Respondents—Not Represented. Criminal Petition for Leave to Appeal No.271 of 2009 (From the judgment and order dated 19.4.2009 passed by the H......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......, Chittagong, issued process against the petitioner under section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate thereupon sent the case record before the Court of Sessions for trial after compliance of formalities. On the date of framing charge the petitioner filed an applica..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....r students was returning home on 17th July, 2002 at about 3-30 PM from school and when she reached near the Gaibandha Madhyapara Maternity Center, the appellants blocked her way and the victim being frightened started running away towards Khapara lane/Appellants by chasing took her on the bank of Id......ah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated by my lea...... DLR (AD) 96; Mahomed Syedol Ariffin bin Mahomed Ariff Vs. Yeah Oai Gark, AIR 1916 Privy Council 242; 61 DLR 33, Hasina Begum Vs. State, 1 BLC 315; Prafullah Kama! Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bangladesh 28 DLR, 123; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; State Vs. ...... Ali's pond and gheraoed her when the victim finding no other alternative jumped into the pond. The appellants did not rescue her and as the victim could not swim drowned into the water. The trial Court convicted the appellants under sections 302/34 of the Penal Code and sentenced them to d..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......er (DDCSP), operating with utmost goodwill and high reputation. The petitioner company implemented its project by the equipments supplied by the respondent No.1 upon the request dated 27.11.2005 made for the supply and implementation of the Contract for NGN, Optical Transmission and datacom Equipmen......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ....... By a further supplementary affidavit filed by the respondent No. 2 it has been asserted that the petitioner was duty bound to issue the final acceptance certificate after completion of three months trial run of the supplied equipments. But the petitioner company did not issue the same although the..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......s to this Court may seem fit and proper.
2. The facts in the writ petition in short are that the petitioner, a Private Limited Company represented by its Managing Director, established a factory for manufacturing Float Glass by using silica sand, the main raw material, as available in the count......e respondent No. 1 has been challenged by filing an appeal before the Tribunal, which is still pending for disposal. It is incumbent upon the Tribunal to conclusively decide the matter upon a due and fair determination of the issues raised in appeal upon the petitioner being heard. During pendency o...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....aintiffs got possession in the suit land and possessed the same upto 1376 BS. But the defendants are not allowing the plaintiffs to enter into the suit land from Ashar, 1377. The defendants have no right, title and interest in the suit land. Hence is the suit. 4. Defendant No.1 contested the suit......…Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to pro......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......iding there. Defendant No.1 was never a borgadar under Hedayet Hussain and others who were never the owners of the suit land. This defendant has acquired good title by adverse possession. 5. The trial Court decreed the suit on contest in part and the plaintiffs' title in respect of 3.09 acre s ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....es 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remedial in scope to provide any relief against a breach of fundamental right already committed which may include the, power to award compensation in appropriate cases. ...... which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directi......Constituency. He was a Member of the Standing Committee of Bangladesh Nationalist Party (BNP). He was the Minister in-charge of the Ministry of Energy and Mineral Resources and the Ministry of Home Affairs. The detenue obtained his PhD degree from the Imperial College of London. He was a teacher of ...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
.... 13. At present this Act is not enforced in this Emergency Requisition property Act now it is kept from 1982 Requisition and Acquisition property Ordinance 1982 where in under section 48 there is rightly signature clause 48 clause/ section 48 is as follows : — "The Land Acquisiti......he learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of Title Suit No.33 of 2007 under Order VII Rule 11 of the Code of Civil Procedure. 2. Plaintiff-appellants instituted the aforesaid suit praying for decree as:— “ক) বাদীপক্ষ নালি......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......n compensation money, the suit by person who purchased the land from the real owners can not maintainable. Learned Advocate placed before us the requisition order which was not placed before the trial Judge, on permission of the court through an affidavit. 9. We have considered the submiss..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ay the petitioner moved to this Court by filling this writ petition and obtained the present Rule. 5. Mr. Md. Abdul Haque, the learned Advocate appearing on behalf of the petitioner submits that right, title and possession of the petitioner duly confirmed by the competent Civil Court and t......i, at the instance of the petitioner, was issued calling upon the respondents to show cause as to why the respondents shall not be directed to receive rent from the petitioner by mutating in his name for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mo......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......er Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: The Rule is made absolute. Relationship between appellate court and trial court When an appellate court affirms the judgment of the trial court it becomes binding ..Category: Others | Date: 22 May, 2012 | Hits: 9
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....nts have been given retrospective effect, the same should be declared ultra vires to the Constitution. Learned advocate further summits that the impugned amendments have abridged the fundamental rights of the millions of citizens of this country as the same placed them at the mercy of the execu....... Purabi Shaha, AAGs—For the Respondents Writ Petition No. 1750 of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any armed or de......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......senior counsel appearing along with Mr. AKM Fakrul Islam, learned advocate, for the petitioner, submits that the impugned amendments have been made for bringing some new persons info the scope of the trial by the International Crimes Tribunal ("ICT") with mala fide intention. He submits th..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
.... forward to purchase the case land and in such background the seller transferred the case land to the pre-emptees by a registered deed of sale dated 05.06.2002. As such the pre-emptor waived his right of pre-emption by refusing to purchase the case land. 4. The learned Assistant Judge, Com...... Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No.320 of 2010 (From the judgment and order dated 16.11.2009 passed by the ......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......t Judge, Companygonj, Noakhali by his judgment and order dated 28.11.2005 allowed the pre-emption case. 5. Being aggrieved by the aforesaid judgment and order dated 28.11.2005 passed by the trial Court the pre-emptees preferred Miscellaneous Appeal No.6 of 2006 before the learned Dist..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
.... described in the second schedule of the plaint. The case of the plaintiffs, in short, is that the suit property originally belonged to Ranjit Kumar Kar and his three brothers in Mourashi Maliki right. Rashid Ali had been possessing the land as a tenant under them on payment of rent since 1941.......Judge, First Court, Sylhet in Title Suit No.56 of 1983. 2. The facts involved in the appeal, in brief, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confirmation of possession and for permanent injunction in respect of......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......basis of 3(three) registered deeds of sale in the year 1982 and since then he has been in possession of his portion of the suit property and as such prayed for dismissal of the suit. 4. The trial Court decreed the suit by the judgment and order dated 31-7-1989. 5. Being aggrieved by a..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of landlord. In the instant case defendant being a defaulter canno......t case defendant being a defaulter cannot restrain the plaintiff landlord from evicting him from the suit premises permanently.....……………… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it hav......tion or rent), a tenancy that is terminable at the will of either the framework or transferee and that has no designated period of duration. Such a tenancy may be terminated by either party upon fair notice' when tenancy duly created and the tenant put in possession, he is owner of the......ng months when the respondent paid Taka 1,00,000, which is more than double the monthly rent, further the appellant has taken the plea of waiver at the earliest opportunity, that is, at the trial stage can be seen from paragraph No. 3 of the written statement. iii) the final burden to..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....1 SC 1021 and Veerappa Vs. B.P. Dalal AIR 1975 SC.778. 11. Mr. Mahmudul Islam while endorsing the submissions of Dr. Hossain contended: a) even if the petitioner had no legal right to continue as Managing Director of the Bank, the principle of natural justice had to be follo......; Exen Industries Vs. CCIE, AIR 1971 SC 1025; Century Spinning Vs. Ulhasnagar Municipal Council AIR 1971 SC 1021; Veerappa Vs. B.P. Dalal AIR 1975 SC.778; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways, AIR 1964 S.C.600; ......্যাংক চাকুরী বিধিমালা” which was published in the Official Gazette on 1st March, 1993. 6. Bangladesh Bank Inspection Division-2 inspected the affairs of the Grameen Bank and in its report submitted on 31st December, 1999 it was pointed out......ion of Malaya, 1962 (AC) 322, two men were charged in the Supreme Court at Penag with uttering forged lottery tickets. The prosecution failed? Police officers as witnesses gave false evidence in trial. The two accused men including inspector Kanda were acquitted. The commissioner of police..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ...... Lawyers Involved: Murad Reza, Additional Attorney General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......after completion of investigation, submitted charge sheet against this accused-respondent and his father under sections 9(1)730 of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The case was ready for trial and it was sent to the Nari-O-Shishu Nirjatan Daman Tribunal, Natore. This tribunal held trial..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....ate his grievance and must surrender first to the process of justice, otherwise he remains to be fugitive from justice and could not seek aid or assistance of the process of justice in order to claim right of audience against the process of the Court issued against him . . a fugitive from justice is......amining the order of the Ministry of Home Affair's to remit the sentence of the petitioner……………(28) Fugitive from justice A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of justice, otherwis......wer has been exercised without application of mind and mechanically or the order in question is a mala fide one or the order has been passed on some extraneous consideration or how far the order is fair and reasonable it can certainly be examined and decided by the Court. The Court cannot be debar...... Government he must supply the following materials with the application for pardon; namely - i) the First Information Report and Police Report; ii) the evidence; iii) Judgment of the trial Court and appellate Court, if any; iv) information whether during trial or appeal the c..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....ging the FIR against them bringing the false allegations of smuggling, it committed no illegally in making the Rules absolute in these four cases. He further submitted that the High Court Division rightly gave the finding that these petitioners were falsely implicated in the criminal cases for......: The appeals are allowed. Maintainability of writ petition where specific criminal case has already been started When a specific criminal case is started and now pending before the concerned Special Tribunals, the criminal case should be resolved there. If the party wh......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......Customs Act, 1969 (the Act). Accordingly, FIR was lodged in each case under section 56(1) of the Act and section 25B of the Special Powers Act, which are now pending before the Special Tribunal for trial. The concerned writ petition involved disputed questions of fact which could not be resolve..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
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