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Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ch there, amounted to a denial of the opportunity to the appellant or his counsel of being heard. The further point is whether after the refusal by the learned Single Judge to adjourn the case on the prayer of the learned counsel, and the direction to him to proceed with the case, which the latter a......h Court is empowered to dispose of a criminal appeal on merits in the absence of the appellant or his pleader especially when the appellant deliberately refrains from appearance and his counsel prays for adjournment on flimsy grounds……..(5 and 6) Lawyers Involved: Q. M. Salim, Adv......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....herefore the learned Judge of the High Court acted with impropriety in allowing bail to respondent No 1 disregarding the earlier decision of the Supreme Court on the question and earlier rejection of prayer for bail by another Judge of the High Court. ……………(14 & 16) Case Referred to: ......ent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authorities throughout Pakistan shall act in aid of the Supreme Court. Therefore the learned Judge of the High Court acted with impropriety in allowing bail to respondent No 1 ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..Category: Criminal Law | Date: | Hits: 96
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
.... of the Code of Civil Procedure for correction of plaint, judgment, decree and other relevant documents of Title Suit No. 143 of 1990 and the Executing Court by its order dated 9-3-2000 allowed the prayer of the decree holder Bank and directed the plaintiff to correct the schedule of the plaint a......nior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1286 of 2001. (From the judgment and order dated 30-01-2001 passed......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ..Category: Banking Law | Date: | Hits: 112
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....tion 34 of the Arbitration Act praying for stay of the suit referring to arbitration clauses as contained in the contract dated 2.5.1984. The appellant by filing written objection opposed the above prayer contending, amongst others, that the respondent Nos. 3-6 earlier by filing several applicat......te Judge (now Joint District Judge), Noakhali in Money Suit No. 1 of 1992 rejecting the application filed by the defendant-respondent Nos. 3-6 under section 34 of the Arbitration Act, 1940 praying for stay of the suit and thereupon directing the respondent Nos.3-6 to take steps for settling the ...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....houses thereof and that the suit land has not been leased out to anybody treating the same as vested property. The trial Court, however, simply treating the suit to be of declaration of title with prayer for confirmation of possession and without considering the evidence on record held that the ......e himself and it was wrongly held that the elements constituting adverse possession are lacking in the case. The evidence of defendant No.1 DW 1 who was examined on commission and the only witness for the defendants if considered along with other evidence and circumstances unmistakably prove the......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... In order to decide material issue concerned in the suit that the order of remand was warranted in the facts and circumstances of the case as the subsequent document produced before the High Court Division has to be admitted on record by the court of appeal below on considera...... same having been filed for the first time before the High Court Division, the learned Single Judge of the High Court Division acted wrongly and illegally in taking the same into consideration and remanding the case on the basis of Ext. A wrongly holding that admittedly the defendant classified ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....ted to consider the following submissions: 18. That the High Court Division gratuitously declared Regulation No.11A(2) of the Regulations as ultra vires of the Constitution without there being any prayer or case made out by the respective respondents in their writ petitions and, as such, the said......me after he has completed twenty-five years of service without assigning any reason.” There is a clear conflict between these two provisions so far as the retiring authority is concerned. In the former it is the Corporation and in the latter the Government. The Regulations is not only later but......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....n and affidavit by the Investigation Officer is very much necessary. 6. We have gone through the available materials and it appears that the writ petition was moved with a prayer for issuing Rule upon the respondents to show cause as to why the detenu now detained in Dha...... The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public documen...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....esent he came to know that on 18-4-1990 at about 10 in the morning deceased Mostafizur Rahman along with Member Helaluddin came to Bazar at about 11-00 AM where Mostafizur Rahman offered his Johar prayer at the Bazar Mosque and then started for his home. At about 14:30 hours when he reached Khir......or Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not Represented—The Respondent. Criminal Petition for Leave to Appeal No. 71 of 1998. Judgment &nb......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....4 of 1985 reversing the judgment and order dated 30th April, 1985 of the Additional Court of Munsif, Sadar Sylhet in Miscellaneous Case No. 12 of 1985 and Miscellaneous Case No. 1 of 1985 allowing prayer for pre-emption sought under section 24 of the Non-Agricultural Tenancy Act, 1949 by the res......49) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words fr......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... the pleadings of the parties the learned Subordinate Judge started trial and recorded evidence of the witnesses and when he was about to dispose of the case on merit the present petitioners made a prayer for rejection of the application for pre-emption under Order 7 Rule 11 of the Code of Civil ......sp; A plaint may be rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the ea...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ..Category: Property Law | Date: | Hits: 49
....ing failed to dissuade BRI from proceeding with the construction filed Title Suit No. 187 of 1962 in the Court of Subordinate Judge, Dhaka on 24th December, 1962 seeking declaration of title with the prayer for injunction restraining the defendants from disturbing the peaceful possession of the Soci...... judgment and order of the High Court Division dated 13th August, 1997 passed in Writ Petition No. 362 of 1997 making the Rule absolute.
2. Respondent Nos. 1 and 2 in both the appeals, filed the aforementioned writ petition seeking for Rule Nisi upon the respondents in the following term:
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
..
Category: Property Law | Date: | Hits: 54
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......y Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioners. Kazi S Ahmed, Advocate-on-Record — For the Respondents. Civil Petition for leave of Appeal No. 621 of 1996. Judgment &nbs....... Mahbubey Alam, Additional Attorney General appearing for the petitioner, urged that the impugned judgment having been found to be coram non judice, the High Court Division acted illegally in not remanding the case vacating judgment and order of the Court of Settlement instead of disposing the ......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..Category: Property Law | Date: | Hits: 46
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....price bid of the petitioner for evaluation and the same, as submitted by the learned the petitioner, has already been done. 7. The Chittagong Port Authority later on filed an application with the prayer for dismissal of the leave petition for non prosecution and this Division by the order dated ......of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making authority that would ultimately finalise the matter of procurement of the c......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....filed merely to obtain an order of remand to fill in the lacuna in evidence and the record containing full evidence for a proper judgment in the case the High Court Division was wrong in allowing the prayer for amendment of plaint and in remanding the case back to the trial Court affording the plain....................... Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is ne......s that the High Court Division acted illegally in not deciding the appeal on merit and allowing the same merely on an application filed by the plaintiff-respondents for amendment of the plaint and in remanding the case back to the trial Court to fill in the lacuna in the pleadings and to lead fresh ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....Rafique-ul-Huq, the learned Counsel appearing for the respondents, submitted that the defendant Nos. 1 and 2 who were beneficiaries of the proceeds of the letter of credit and against whom specific prayer was made have not been served with any notice prior to the issuance of the order of attachm......mmad Fazlul Karim J KM Hasan J Gooryonly (BD) Textile Ltd ………………….……….Petitioner Vs. Chartkar Information Holding Ltd. and ors………..… Respondents ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....osecution next introduced PW 4, Md Hossain who saw accused talking in a low voice in front of the house of the house of accused Monu Meah on 14th Jaistha at about 11-30 while he was going to say Juma-prayer. This PW 4 did not stated to the investigation officer that he saw accused Monu Meah, Abdul A......cted by Mohwnmad Yeasin, Advocate-on- Record- For the Petitioner Shaukat Ali Khan, Senior Advocate instructed Sharifuddin Chakiader, Advocate-on-Record— For the Respondents. Criminal Petition for Leave to Appeal No. 127 of 2001. (From the judgment and order dated 27th 2001 passed by the H......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....ner in an indirect way wanted to gag the functioning of the bank. It is well settled that a relief to which one is not entitled directly cannot also be given to that person indirectly and from the prayer portion it is abundantly clear that the writ petitioner wanted to gag incorporation of the b......on 20 The Trusts Act, 1882 (II of 1882) Section 20B i) A society registered under the Societies Registration Act may invest its fund with the object of getting more money for spending in charitable purposes……………………......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....Regulation and then removed the plaintiff-petitioner and as such the suit for declaring the order of removal as illegal is not maintainable and at best there could be prayer for compensation of damage, if any. 10. He further submits that the respondents cons...... Judgment April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....his appeal by leave is against the judgment dated November 12, 1998 of a Single Bench of the High Court Division in Civil Revision No.3339 of 1992 making the Rule absolute and thereby allowing the prayer for rejection of the plaint of Other Class Suit No. 82 of 1991 of the Court of Senior Assist......t March 12, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
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