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Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
.... The principal question involved is, whether the learned Single Judge acted within his jurisdiction in reversing the concurrent decision on a question of fact namely, whether the respondent's predecessor-in-interest impliedly surrendered his tenancy right by voluntary abandonment of the suit land. ......lication and the other relating to the non-filing of a copy of the actual decree appealed against dated 30.12.82. The learned Single judge referred to the second objection in his judgment, which he called "objection of a technical nature which need not detain us long". The learned Judge took the v......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....sed till the filing of the writ-petition i.e. till 2001. 4. The Rule obtained in the writ petition was opposed by the writ-respondent No. 5 by filing affidavit-in-opposition. The Rule was also contested by the writ-respondent No.4 by filing the affidavit-in-opposition. After hearing the p......the advertisement the writ-petitioner, respondent No.5 and others applied for being appointed as Engineer and Ship Surveyor and in due course the candidates whose applications were found valid were called for interview, the Public Service Commission recommended respondent No.5 for being app......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....tion to their way. 3. According to prosecution, Zafar used to stay in the house of Abdul Bari to provide security to him during the dark fortnight of each month. House of Zafar was about 250 yards south of Abdul Bari's house. Zafar, aged about 25, after passing Intermediate Examination started ......Upazila Nirbahi Officer as well as Magistrate First Class, on 2 May 1984 and the latter recorded Nuru's statement under section 164 CrPC This witness gave out that through him the accused persons had called Zafar to the bank that night and in his presence killed Zafar and left his dead body there an......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
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....llowing stoppage of proceedings and release of the accused under section 339C (4) of the Code of Criminal Procedure, shortly, the Code, a fresh complaint/proceeding against the same set of accused persons by the same set of complainants upon the self-same allegations is permissible or not. It arises...... a fresh petition of complaint before the same Court against the appellants on the self-same allegations. The Metropolitan Magistrate after examining the respondent on solemn affirmation on 9-9-85, called for the previous records and summons were issued. By the impugned order dated 12-1-86 charge ......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....s defendants' (defendant Nos.2 and 3) appeal, by leave. The same is against the judgment dated June 13, 2000 of a Single Bench of the High Court Division in Civil Revision No. 1781 of 1990 making absolute the Rule upon reversing the judgment and decree dated June 9, 1990 of the Court of District ...... submits that report of the Assistant Judge as to destruction of the suit register being not correct since there is no provision for destruction of the suit register and that plaintiffs having not called for the suit register the High Court Division was in error in holding that the suit register......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
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....29 days is condoned. This petition for leave to appeal is directed against the judgment dated March 14, 2005 of a Single Bench of the High Court Division in Civil Revision No. 2580 of 2000 making absolute the Rule obtained against the judgment and decree dated March 22, 2000 of the 1st Court of Su...... in suit to the proforma-defendant No. 14 by the registered deed of exchange dated September 13, 1983 and the said defendant mutated his name and paid rent, that later on the order of mutation was re-called by defendant No.5. It is the case of the plaintiffs that the original owner Harihar Das had n......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....y leave is directed against the judgment dated June 29, 2000 of a Single Bench of the High Court Division in Civil Revision No.414 of 1988 (Rangpur)/Civil Revision No. 7966 of 1991 (Dhaka) making absolute the Rule upon reversing the judgment and decree dated June 26, 1988 of the Court of Add......cord in his name since Bipin Chandra had never taken settlement from the ex-landlord, that as Bipin Chandra had no right, title, interest and possession in the land in suit, the plaintiff by his so-called purchase did not acquire any interest in the land in suit, that neither Bipin Chandra nor th......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. ..Category: Property Law | Date: | Hits: 35
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....; Md. Ruhul Amin J.- The appeal has been filed against the judgment dated July 20, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1825 of 1994 making the Rule absolute upon setting aside the order dated October 18, 1993 of the court of Additional District Judg......justice, as the respondent opposite party failed to prove that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing." 8. Leave was obtained for consideration of the contentions tha...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....he 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 preemption......t the deed in question that the same is not an exchange deed but a sale deed and that as the finding made by the appellate Court is 'not arbitrary, fanciful and perverse' as such on interference is called for with the finding and decision of the appellate Court. 7. Leave was obtained for c...... 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
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....I of 1872), section 115 The Limitation Act, 1908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily ......f MA Naser or that the plaintiff Nos. 2-4 were the children of said Naser. The Kabinnama relied upon by plaintiff No.1 is a false, fictitious and forged document. The signatures of MA Naser in the so-called Kabinnama differs from his admitted signatures in the mortgage document and other papers ly......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
...., onus lies on the defendant to prove his part of the story. In the present case the plaintiff has produced not an agreement of sale but a receipt of earnest money, signed not by the owner but by her son. The basis of his suit is an oral agreement, not Ext. 4 which is only a supporting evidence. The......s because in this case the plaintiff primarily based his contract for purchase on a very vital document namely, exhibit 4, the money receipt and the High Court Division as first appellate Court was called upon to decide the contract for sale on construction of Ext. 4. Since the legal effect of the...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
.... is a defendants' (defendant Nos.1 and 2) appeal, by leave, against the judgment of 23rd October, 2000 of a Single Bench of the High Court Division in Civil Revision No. 898 of 1995 making the Rule absolute upon reversing the judgment and decree of November 24, 1994 of the 2nd Court of Additional Di......rs from the date of cause of action as shown in the plaint and that the suit is barred by limitation cannot be accepted, Further it is stated that the date as has been given in paragraph 13 cannot be called the cause of action in its legal sense because cause of action is the bundle of facts as stat......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....nbsp; Md. Fazlul Karim J.- The plaintiffs seek leave to appeal against the judgment and Order dated 21.7.2004 passed by the High Court Division in Civil Revision No.2347 of 2004 making the rule absolute setting aside those dated 4.7.2004 of the Additional District Judge, Second Court, Dhaka dis...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......business the plaintiffs have no prima facie case for injunction and as the balance of convenience and inconvenience is in favour of the defendant and the plaintiffs shall not suffer any irreparable loss and injury as such plaintiffs are not entitled to temporary or mandatory injunction. ..........Category: Business or Commercial Law | Date: | Hits: 100
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....e same. 4. As no satisfactory bidder came forward even after a third publication of tender notice on 8.8.88, the Bank decided to sell the vessels by direct negotiation. Ultimately they have been sold to respondent no. 4 at a total price of Tk. 1,28,00,000/— payable in 4 instalments. On 29.12.......8,00,000/— payable in 4 instalments. On 29.12.88 the respondent no. 4 paid the first instalment of Tk. 25 lakhs and the Bank delivered possession of the two vessels to it on 5.1.89. The petitioners called in question the sale of the vessels, in the writ petition, as aforesaid raising various groun......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....e the Election Commission, Mr. AKM Jahangir, a Magistrate, First Class was deputed to enquire into the matter and he submitted a report stating that there was in fact a serious disturbance created by some miscreants in the centre. The appellant contested the election petition. The tribunal on cons......ision, however, themselves raised a question as to whether the application (writ petition) as filed was maintainable or not. It was observed that if the application is maintainable "surely we are called upon to answer the points raised by the learned advocate for the petitioner otherwise without....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
.... of 1872), section 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On t......ted the reference and altered the sentence of death to transportation for life (shall be imprisonment for life). 15. Mr. Jamiruddin Sircar, learned counsel for the appellant, submitted that the so-called dying declaration was highly doubtful and its probative value was little or nil and as such......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
.... stating that deceased Md. Abu Salem Shablu who was a student of Class-VI of local Darul Ulum Kowmi Madrasha, used to say his prayers regularly in the local mosque of the village. The condemned prisoner Md. Islamuddin @ Din Islam an employee of an Ice Cream Factory belonging to Abdul Gafur also ...... preplanned way forcibly took him inside the Ice Cream Factory. Abdul Gafur, the owner of the Ice Cream Factory found his factory under lock and key on the same date at about 6.00/6.30 A.M. and he called the condemned prisoner who used to stay inside the factory but did not get any response. Ab&......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
.... Mohammad Fazlul Karim J. – The petitioners seek leave to appeal against the judgment and order dated 11.08.2002 passed in Civil Revision No. 1670 of 1995 making the rule absolute setting aside the judgment and decree dated 26.2.1995 of the Subordinate Judge, First Court,......deemed to include the provisions set put in the First Schedule which enacts that the arbitrators shall make their award within four months after entering on the reference or after having been called upon to act by notice in writing from any party to the arbitration agreement or within such ......omes invalid. If from the conduct of the parties concerned it can be inferred that they agreed to the proceedings being continued beyond the period stipulated, then the objection losses all the significance." 10. In view of the aforesaid decision of this Court ..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....ment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88 of 1998 allowing the appeal in part ordering that the judgment and decree of the trial court so far as it relates to refusal to grant relief other than mandatory injunction, declaration reinst......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ...... him; that time scale cannot be claimed as of right; that past record of his service was not satisfactory; that on 01.04.1987 charges of negligence of duty was leveled against him for causing loss to the bank on 30.11.1983; that the charges being proved, by letter dated 29.10.1988 he was pu..Category: Employment/Service Law | Date: | Hits: 136
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
..... Ruhul Amin J.- This appeal, by leave is by the heirs of defendant No.1 against the judgment dated May 9, 2001 of a single Bench of the High Court Division in Civil Revision No.3560 of 1993 making absolute the Rule obtained against the judgment and decree dated November 17,1993 of the 1st Court of ......Respondent No.1 and the learned Counsel who would make submission on behalf of the Respondent No.1 at the moment is not available and in that state of the matter the learned Advocate-on-record when called upon to make submission he did not make any submission on behalf of the Respondent No.1. It m......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
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