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Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....espondent has totally failed to discharge this responsibility and thus the High Court Division erred in discharging the rule. 15. Mr. A.J. Mohammad Ali, learned Attorney General on the other hand appearing on behalf of the respondents opposes the petitions. He refers to the notice iss......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....es Referred to- Bengal Jute Mills Vs. Jecoraj Hiralal, AIR 1943 (Cal) 13; Wali Md. V. Iskak Ali (judgment by Acting CJ Sulaiman) AIR 1931 (All) 507 (SB); All India Reporter Limited, Bombay Vs. Ramchandra Dhondo Dater, AIR 1961 (Bom) 292; Ali Mohammad Vs. Jagannath Prasad, AIR 1928 (All) 66; The P......eference may be made to the case of All India Reporter Limited, Bombay Vs. Ramchandra Dhondo Dater, AIR 1961 (Bom) 292 wherein it has been observed as follows: "In this case it is necessary to note that Order VII rule 11 which refers to the rejection of a plaint, enumerates only four ca..Category: Property Law | Date: | Hits: 118
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
...., not Ext. 4 which is only a supporting evidence. The defendants have no burden to prove their alternative story with regard to the creation of Ext.4…………………(17) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. ......endant No.2's mother had contracted to sell for the total consideration of Tk. 2,50,000/- on receipt of earnest money of Taka 10,000/- through him (defendant No.2) on 1.9.73, but it is significant to note that the plaintiff or the plaintiffs Advocate did not address any letter to defendant No.1 Mst...Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....ffs asked the defendant Nos.1-4 to vacate the suit land but the defendants did not vacate and finally refused in ASHWIN, 1379 B.S. Hence the suit. 10. The defendant No.1's case, on the other hand, is that the superior landlords never auction the purchased land and landlord neve......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....anaged to get the suit land recorded in their names during the last S.A. Operation but the plaintiffs have been possessing the suit land as before. The case of the contesting defendants, on the other hand, is that Saku Sarder and Hossain Sarder took loan from Tayebuddin Biswas, the predecessor-in-in......d here that the court of appeal which is the final court of fact had the occasion to peruse the original dakhilas Ext. A series defendants and on proper consideration of the dakhilas gave findings as noted earlier. The High Court Division as already pointed out had no occasion to see the dakhilas as..Category: Property Law | Date: | Hits: 26
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....on that the Vacation Bench has no jurisdiction to grant ad interim bail in a case of this nature." (ii) "It seems that the learned Advocate, Mr. M.A. Wahab has obtained the ad interim bail by underhand means through the back door, so to say, without preferring any appeal against the orders, rejec...... perfectly legitimate and for this suppression of fact alone the learned Judges could have cancelled the ad-interim bail at once by writing a short paragraph. However, we have ourselves taken serious note of the failure of the petitioner in not disclosing all facts in the petition before the Vacatio..Category: Criminal Law | Date: | Hits: 55
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....Code. Learned Advocate, therefore, argues that provisions in the Code shall apply to the appellant's trial under the Act. 5. Mr. B. Hossain, learned Deputy Attorney General, contends, on the other hand, that as the proceedings against the appellant having been instituted under the Act, which is......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
.... is not permissible. We have no quarrel with the principle laid down in the aforesaid decision but we would like to point out what Lord Somervell of Harrow has observed: "There are, on the other hand, many administrative duties which cannot be delegated. Appointment to an office or position i......r Vs. Election Commission and others.................................Respondents Judgment June 11, 1989. Result: The petition is dismissed. Words & Phrases The official note processed by secretary of the election commission and the election commission arriving at a dec..Category: Election Law | Date: | Hits: 146
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....ny 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 the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together......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
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....01.1998 as alleged and the Respondent No.1 did not attend such meeting and that no meeting of the Board of Directors was held on 20.01.1998 and that the respondent No.7, Zillur Rahman Chowdhury has handed over all the documents of the Company to the Managing Director of the Company on his resi......ted rectification of share register in favour of the respondent No. 1 and also for a proportionate share of the further share issued by the Company. He next argued that the High Court Division having noted that Mr. Zillur Rahman Chowdhury ceased to be the Managing Director earlier to 07.01.1998 and ..Category: Business or Commercial Law | Date: | Hits: 109
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... the Superintendent of the Madrasha had no locus standi even to file and maintain the writ petition. 8. Dr. A. K. M. Mohammad Ali, learned Advocate appearing for the petitioner on the other hand submits that the High Court Division Committed error in holding that the petitioner described ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....s (In Civil Petition No. 612 of 2005) Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners (In Civil Petition No. 737 0f 2005) Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record-For...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....ecree holder respondent Nos. 2-4 and that Executing Court then sent writ of delivery of possession of the suit property to the bailiff under Order 21, Rule 35 of the Code of Civil Procedure to hand over possession infavour of the decree holder respondent Nos. 2-4 on 29.11.2003. The......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... T.H. Khan, Senior Advocate (Abdul Quayum, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1 to 3 (In Civil Petition No. 392 of 2005) Khandaker Mahbubuddin Ahmed, Senior Advocate (MA. Baqui, Advocate with him) instructed by Serajur R...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....d the gate way to enter into the arena of the suit and thus cannot be ''told off at the gate." 8. Mr. Ajmalul Hossain QC, learned Counsel appearing for the respondent No.1, on the other hand opposes the petition submitting, inter alia, that the present petitioner was not party in the ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ...... he submitted a bill in the office of the Pally Bidyut Samity-1, for an amount of Taka 3,000 which he received from the office as an advance for the said work but the Assistant General Manager in his note sheet stated that the bill submitted by the plaintiff was inconsistent with the amount he recei..Category: Employment/Service Law | Date: | Hits: 181
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....n in 50 DLR (AD) 40 appears to us to be not correctly decided due to the failure of the then Attorney-General to point out the distinction between 42 DLR (AD) 167 and 48 DLR (AD) 199 on the one hand and the case of Mustafizur Rahman on the other." 9. On the above, we find no ......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. 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. ...... that they did not sign the vokalatnarna engaging learned Advocate to plead the case on their behalf and to take necessary steps for the prosecution of the suit. 12. From the marginal note of Order I, rule 12 of the Code of Civil Procedure it is seen that the provision thereof relat..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....oined on 24-3-1978 while respondent No.4 joined on 21-3-1978. The respondent No. 4 on successful completion of his period of probation was absorbed permanently in service on 21-3-1979. On the other hand, the petitioner's probationary period was extended for a further period of six months, on com......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....da of election of directors after condoning the delay and that there was no wilful default on the part of the company. The learned Advocate for Bangladesh Bank, the petitioner herein, on the other hand, submitted before the High Court Division that against the judgments passed by the High Court ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
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