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Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....defendant alleging that the defendant who was in love with her had married her on 6th October 1988 19th Aswin 1395 BS—according to the Hindu Shastra at Tarasree Kalimandir in presence of several persons. Subsequently on 8th October 1988 the plaintiff and the defendant together swore an affidavit b......hese hands being tied with kusa grass), is formally given to the bridegroom by her father or other guardian in marriage and is formally accepted by the bridegroom, who then recites the following text called the Hymn to Love: “Who gave her? To whom did he give her? Love gave her. To Love he gave he......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....0.10.91 and 4.12.1991 (constituting council committee for promotion) were issued under orders of the President, i.e. in terms of Article 55 (4) of the Constitution and have been issued under the proviso to Article 133. These notifications have the precision of rules and are general in nature in thei...... 1979 which was passed by the Government by Notification dated 23-8-79 in exercise of powers conferred by section 4 of the Service (Re-organisations and Conditions) Act 1975, a pool of Officers to be called the Senior Services Pool was constituted and all posts of Deputy Secretaries. Joint Secretari......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....Cannons of Professional Conduct and Etiquette. Chapter II, Clause 4 Respondent No. 1 committed professional misconduct by filing vokalatnama on behalf of the plaintiff as well as on behalf of his son defendant in the same suit. As in fact no harm was done to plaintiff respondent no. 2 the substi......upon the assurance that the solenama will be filed through Advocate Mr. Goswarni; that respondent No. 1, however, fraudulently through a new Advocate whom the complainant did never engage, filed a so-called Solenama admitting gift of the disputed land in favour of the son of respondent No. 1; that t......uced her to hand overall her valuable deeds and documents to him and in flagrant violation of her trust, illegally converted some of those deeds and documents against her interest causing her immense loss and sufferings and accordingly, she prayed for appropriate punishment. 3. Respondent No. 1 c..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plaint which originally belonged to Kunja Lal Shaha. The plaintiff contends that Kunja Lal died leaving surviving three sons Ranajit, Sunil and Benoy, that Benoy being in possession of the disputed structure leased out t......rcumstances, we do not find that the High Court Division, in refusing to entertain the revisional application, committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....tion No. 310 of 1990.) Judgment ATM Afzal CJ.- This appeal by leave is from judgment and order dated 12 January, 1993 passed by a Division Bench of the High Court Division making the Rule absolute in Writ Petition No. 310 of 1990 filed by respondent No. 1 and declaring that the order passe...... notice was served upon the respondent on 11-12-89 and then he was ultimately dismissed by the Director General of the Academy by order dated 25-1-90 as referred to above. This order of dismissal was called in question by the respondent by filing the aforesaid writ petition. 3. Several points we......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ence of other witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accused person and their participation in the occurrence was established in the cross-examination of the witnes......ed in the hospital. On the same day at about 9-00 PM while informant Abdul Jail was enjoying television and taking meal with his son deceased Munir Hossain, accused Bijoy, son of accused Sekander Ali called his son through window. At this Munir went out of the house. The informant and his brother fo......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....retary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Referred to- Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs. Secretary of State for Home Affairs.......f Finance 4. Mr. M.A. Matin, Joint Secretary, Establishment Division and 5. Mr. Nurunnabi, Joint Secretary, Ministry of Finance. 3. The said Committee called the appellant along with many other Deputy General Managers in 1997 for an interview for......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....uhul Amin J.- This appeal by leave is directed against the judgment and order dated 23.08.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1998 of 1999 making the Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plainti......1349 B.S. whereas in the written statement they claimed to have purchased by unregistered deed (initial case) and subsequent erase oral the suit land in 1353 B.S. So it is difficult to believe the so-called either by unregistered deed or oral purchase of the defendant in 1353 B.S. as because it has ......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 63
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....997 upholding the order convicting the petitioners along with 2 others for the offence punishable under Sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and also to pay a fine of Tk. 2,000/- each in default to suffer R. I. for a period ......of the High Court Division and we hold that in the facts and circumstances and evidence of record, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 99
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....nbsp; Syed J. R. Mudassir Hussain J:- The accused leave petitioners in custody have sought for a leave to appeal against the judgment and order dated 5-2-2001 passed by a Division Benc......t the High Court Division committed error of law in upholding the conviction and sentence of the petitioners of the basis of confessional statement of accused petitioner Zinnah Sheikh but the so-called confession was exculpatory in nature as the prosecution failed to adduce any corroborati......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ..Category: Criminal Law | Date: | Hits: 121
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... petitioner, submitted that the High Court Division was wrong in not holding that the judgment of the Labour Court (Annexure-H) has been passed in the absence of any evidence, oral or documentary whatsoever, to prove that respondent No. 1 was in the permanent employment of petitioner relying on......ect from 1954. The respondent could not prove that he is entitled to any such bonus or overtime or tiffin charges as alleged in schedules B and C to his petition before the Labour Court. We have called for the office records and registers of the appellants to see by ourselves whether the respon...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ion Writ Petition No. 3453 of 1998) Mohammad Fazlul Karim J.- The appellants (writ-respondents) obtained leave against the impugned judgment and order of the High Court Division making the Rule absolute declaring that the impugned Memo No. 2(14) Customs 8/90/307 dated 8.2.1996 vide Annexure -C o......ard as a packing material is required to make carton (inner and master) for packing the shrimps. That each inner carton contains 2 KG Shrimps and the said 6 inner cartons are packed in another carton called the Master carton and in this way the export is being made. Locally made duplex board is infe......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....owing the appeal setting aside those dated 30.11.1992 of the Subordinate Judge, First Court, Dhaka in Miscellaneous Case No. 71 of 1991 declaring the award dated 21.9.1991 signed and delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be......idity or existence in the eye of law. Similarly the question of limitation of filing of the objection within 30 days as required under section 158 of the Limitation Act is unwarranted and uncalled for because the award being a nullity and void ab initio and need not be avoided, no question......orks and they had procured men, materials and specialized agencies for the purpose of completion of the construction of the said flyovers and sudden cancellation of the contract would cause them huge loss. On receipt of the claimed from the appellant, the Additional Chief Engineer vide Memo dat..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....ladesh till August, 1976 but the members of his family remained throughout in Bangladesh ; that he remained stranded in Karachi because of the alarming news he received about the absence of social security of the Urdu speaking nationals in Bangladesh ; that when the situation improved he r......perty vested in the Government under this Order shall be exempt from all legal processes and Article 24 speaks that anything done or any action taken or any order passed under this order shall not be called in question in any court. Hence, from the definition of abandoned property and on the basis o......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....Code. It is further, contended that the High Court Division did not consider that there was enmity between the petitioner and the respondent arising out of previous civil and criminal cases. If was also argued that the respondent complainant is not the owner of the pond. 5. We have hear......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......d in order to stopping the escape of fishes the complainant-respondent raised bamboo fence and put up the net around the bank of the pond. But the accused-petitioners with a view to causing financial loss to the respondent removed fence and the net. Thereby, they allowed the fishes to escape. As a r..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....at the defendant's costs. This proposal of the plaintiff was rejected by the defendant by letter dated 10.01.1987. The plaintiff could not take delivery of the contracted goods owing to this unreasonable and adamant attitude of the defendant who forfeited the earnest money paid by the plaintiff ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......the contracted goods repeatedly. The plaintiff asked for extension of time which was allowed but even then the plaintiff did not lift the contracted goods. The defendant has sustained loss thereby. It has spent Tk.12,58,013/- as godown charges and spent Tk.4,51,559.20 as other charge..Category: Business or Commercial Law | Date: | Hits: 108
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....uity and family insurance to the writ-petitioner. 7. The appellant (Respondent No. 2 in the writ petition) filed an application with the prayer for vacating the order of stay and also for rescinding the direction to pay to the writ petitioner the LPR benefit, provident fund, ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......or the disposal of unserviceable machineries and the parts incidental by auction in the light of the decision of the Government and in due course he showed cause denying allegations of financial loss to the Government, that the authority being not satisfied with the reply constituted enquiry co..Category: Employment/Service Law | Date: | Hits: 109
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....bsp; Mohammad Fazlul Karim, J.- This appeal by leave arose out of the judgment and order dated 24th August, 2003 passed by the High Court Division in Civil Revision No. 1476 of 2003 making the rule absolute-in-part so far as it relates to finding in respect of section 42 of the Specific Relief ......ded on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....tion No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk. 2000/- each, in default, to suffer simple imprisonment for 15 days. 2. The facts which led to the contempt petition, inter alia, are that th......er simple imprisonment for 15 days. 2. The facts which led to the contempt petition, inter alia, are that the respondent is a sponsor shareholder of the United Commercial Bank Ltd (hereinafter called "the Bank") and he was the first elected Chairman of the Board of Directors of the ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....005. Result: The appeal is allowed. Case Referred to- Abdul Motalab Mian Vs. Secretary, Establishment Division and others, 1982 BLD 144. Lawyers Involved: Nurul Hoque Miah in person- For the Appellant. Fida M. Kamal, Additional Attorney General- For the Respondent. Civi......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......Assistant Commissioner of Taxes up to the rank of Commissioner of Taxes; that due to non compliance of the decree of the Administrative Appellate Tribunal, the appellant has suffered a huge financial loss which was given in his application by a detailed calculation. 8. Thereafter, the appellant ..Category: Administrative Law | Date: | Hits: 162
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