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Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....e like of which are numerous, which shows how due to the absence of a few lines in the order of the trial Court justifying the amendment of the plaint on facts and authority has resulted in an unnecessary revision and then an appeal to this Court consuming about five years in the process. Ou......3 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. ..Category: Property Law | Date: | Hits: 56
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
.... on record. 9. It is the settled principle of law that a remand order is never to be made to fill up the lacuna in the case of any party and a remand order should not be made on fanciful or unnecessary ground. The remand order of the High Court Division in the present case seems to be unn......hy;sideration of the evidence and materials on record. 2. Plaintiff-appellant Khairunnessa instituted Title Suit No. 143 of 1982 in the Court of the Subordinate Judge, 4th Court, Dhaka for declaration of her title in the suit land being 26 decimals out of 30 decimals land o..Category: Property Law | Date: | Hits: 31
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
..... 109 of 1996 disposed of by the said Division Bench of the High Court Division and as such section 195(1) (c) Cr.P.C are not applicable and the proceedings under section 476 of the Cr. PC. is unnecessary. 3. The High Court Division having come to this conclusion however held that the......vices by order dated 25.07.1996 whereupon they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka but the plaint of the suit was returned for presentation before the proper Court by order dated 03.08.1996. The respondent Nos. 1 and 2 fil..Category: Criminal Law | Date: | Hits: 49
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
.... the sale transaction under section 20 of the Pakistan (Administration of Evacuee Property) Act, 1957. These points will be dealt with separately. 12. So far as the first point is concerned it is unnecessary to go into the question whether further confirmation of the sale transaction dated the 3...... Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction under sec..Category: Property Law | Date: | Hits: 28
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....d on business in the shop by paying regular rent to the landlord-society. The respondent-opposite party No.1 stated that the petitioner intentionally filed series of cases against him only for unnecessary harassment and to create pressure upon him for vacating the shop. 12. It was als......A.K.M. Shahidul Huq, Advocate-on-Record-Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-Respondent No. 1. Zahirul Islam, Advocate-on-Record-Respondent No. 2. Criminal Petition for Leave to Appeal No. 543 of 2007. (From the judgment and order dated 08-11-2007 passed b..Category: Criminal Law | Date: | Hits: 32
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....er, the contractor executed only 2.46% work upto 19.10.1994 and 5.39% upto 31.03.1995. The contractor instead of giving priority on carrying on the work they have given all attention in making unnecessary correspondences for price escalation and for illegal benefit in different untenab......Petitioner Rafique-ul Huq, Senior Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For Respondent No. 1 Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1595 of 2007. (From the judgment and order dated 03.05.2007 passed b..Category: Business or Commercial Law | Date: | Hits: 129
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....er at all maintainable is required to be settled once for all to stop multiplicity of proceedings being handed by the different bodies of the Government at the cost of public money and also causing unnecessary harassment to the petitioners. Lastly, the learned Advocate submits that only ......or the Petitioners. Mahbubey Alam, Senior Advocate, instructed by Firoj Shah, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.1092 of 2004. (From the judgment and order dated 27.04.2004 passed by..Category: Property Law | Date: | Hits: 26
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ribunal to Chittagong for trial resorting to provisions of the Ain and resulting deprivation of fair and impartial trial, inasmuch as the movement of the accused beyond the jurisdiction would lead to unnecessary excess cost of transportation, lodging, finding of lawyer and engaging of new lawyer in ......e Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular ac..Category: Criminal Law | Date: | Hits: 59
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....intiff also created fake and fictitious deed on 3-11-1984. That the defendant No. 16 is in possession of .13 decimals of land of Plot No. 500. That only to protract the litigation and to cause unnecessary harassment to the defendant No. 16, the plaintiff is continuing with so many vexatious ...... the High Court Division in Civil Revision No. 2136 of 1997 discharging the rule. 2. The plaintiff respondent instituted Title Suit No. 35 of 1993 renumbered as Title Suit No. 40 of 1985 before the learned Assistant Judge, Biswanath in the District of Sylhet who decreed the suit. The def..Category: Property Law | Date: | Hits: 26
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....their negligence and not for the offence alleged to have committed under Sections 315 and 316 of the Penal Code and as such the proceeding should be quashed as continuation of the same would cause unnecessary harassment. He incidentally submits that if at all there is criminal negligence, that c......ed: Khondker Mahbubuddin Ahmed, Senior Advocate, represented by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 178 of 2004. (From the judgment and order dated 17-01-2004 passed by..Category: Criminal Law | Date: | Hits: 42
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....an order of detention dated 11.12.1990 which has been set at thought on 01.03.1998, the challenge now made by the appellant calling in question the aforesaid decision in this appeal is nothing but an unnecessary academic exercise not calling for our interference. 28. While going through the order......aid appeal thereby setting aside majority judgment in Writ Petition No. 147 of 1991. 2. The said writ petition was filed by the respondent challenging the detention of Mr. Hussain Mohammad Ershad, former President of Bangladesh, after the fall of his Government of 06.12.1990 pursuant to an order ..Category: Procedural Law | Date: | Hits: 107
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....Since learned Advocate for the petitioner and learned Deputy Attorney General are agreeable for transferring the case from the court of Druto Bichar Tribunal No.1 at Dhaka, we felt that it will be unnecessary to go deep into fact and other materials placed before this court through-rule peti...... A.J. Mohammad Ali, Attorney General, (Helaluddin Mollah, Deputy Attorney General, with him) instructed by A. S. M. Khalequzzarman, Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 60 of 2006 (From the judgment and order dated 29.01.2006 passed by th..Category: Criminal Law | Date: | Hits: 64
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
.... whatsoever that with a malafide intention respondent No. 1 was victimised by the authority. As a matter of fact, there is- no finding whatsoever in any of the judgments with regard to malafide or unnecessary harassment of the petitioner for fictitious or imaginary grounds. 16. For ......17-7-1993. The present respondent primarily contended that allegations against him were vague and indefinite that no notice of the third enquiry was given to him that there were no specific points for further and the respondent was not informed anything such points for further enquiry and that n..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....nal specifically found those allegations not to have been proved. In such circumstances, the recounting of votes of Char Baleswar polling centre was uncalled for and without jurisdiction and was an unnecessary roving exercise. The High Court Division did not apply its mind to the contending issu......icial mark and counterfoil is also to be stamped accordingly but during rush that follows a brisk polling it may not be possible to follow the same in full in letter and spirit and may have to opt for satisfying such requirements in substance by putting official mark on the back of the ballot pa..Category: Election Law | Date: | Hits: 126
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....h Court Division very rarely exercises the jurisdiction to quash any proceeding but it has been an unfortunate trend of the litigants of the country at present to rush to the High Court Division with unnecessary applications for quashing the proceeding in spite of having no bit of materials. This pr......18, 2007. Result: The criminal petition is dismissed. Words and phrases Refer to drawer The endorsement "refer to drawer" does not mean anything but that the cheque has been returned for insufficient funds in the account of the drawer of the cheque. These are merely words in banking..Category: Criminal Law | Date: | Hits: 138
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....which appeal lies from convictions under these orders." This Court in that case further held "that the provisions of the said two Articles are very extra-ordinary and they are likely to entail unnecessary hardships and injustice in some cases but such consideration should not deflect a Court ......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..Category: Anti-Corruption Laws | Date: | Hits: 219
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....e premium is made he will have no right to transfer the property. Instead of expressing this condition in a straightforward way, the Lease-Deed used the term "licensee". This expression has created unnecessary complications. The Lease Deed is not in dispute, but one of its condition in clause (7) ......ing violated due to contract of sale of the licensed property, the government was perfectly justified in treating the property as vacant and allotting it to a deserving person. There was no necessity for formally canceling the allotment. The appeal is allowed and the suit is dismissed…………(7 ..Category: Property Law | Date: | Hits: 40
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
....ure and in support of their plea of innocence and false implication in the case the Courts below should have allowed the said application as the same was not vexatious or to cause unnecessary delay or for defeating the ends of justice in view of the defence plea, instead there i......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..Category: Criminal Law | Date: | Hits: 51
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... 1872, have a bearing on the question." 13. In Shankarlal Narayandas Mundade’s case the Privy Council observed as under: "Their Lordships have found it unnecessary to examine the evidence which was called on behalf of the plaintiff to show that these......ading, misconstruction or misappropriation of evidence on record. …………….(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequ..Category: Property Law | Date: | Hits: 41
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....ugh the testator". 16. It is unfortunate that the learned Judges of the High Court Division had misappreciated the rulings cited before them. The simple question has been complicated by citing unnecessary citation of decisions which have no manner of application in the facts and circumstanc......Result: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brou..Category: Property Law | Date: | Hits: 80
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