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Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....red to in Schedule III of the agreement in terms and conditions mentioned therein. According to tem No.1 the appellant and the respondent were to refer the question of ownership and possession of the properties described in Schedule III to the arbitration of Mr. Justice TH Khan and the Award was to ......Syed JR Mudassir Husain J Adamjee Sons Limited................Appellant. Vs. Jiban Bima Corporation............Respondents Judgment August 3, 1992. Cases Referred To- LIGH Ariff and others Vs. Bengal Silk Mills Lid. and another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafi......withdrawal of all pending suits. Thus, the decision in the case of Ziauddin has no manner of application to the facts of the case. 6. He also argued that the Court without any evidence before it illegally made the award rule of the Court merely on an erroneous view that the Arbitrator has given a..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....y are interested and partisan. He has assailed the finding of the learned Assistant Sessions Judge to the effect that the accused appellants exceeded the right of private defence of person as well as property by causing such grievous injuries to the victim Tajur Muluk resulting in his death. The nex...... This Case is also Reported in: 48 DLR (1996) 61. ......d and attacked the impugned judgment and order of conviction and sentence on different grounds. He has first contended that the impugned judgment and order of conviction and sentence is wholly bad, illegal and as the same has passed against the weight of evidence on record. The learned Advocate for ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. The facts leading t......High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers In......t the Artha Rin Adalat Ain is a special law and the provision of the Code of Civil Procedure is not applicable in a suit/proceedings under the Ain and that the executing Court has not committed any illegality in rejecting the petitioner’s application. 7. Mr. Shah Md. Munir Sharif, the learned A..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....ority and also as to why the respondents shall not be directed to issue an work order in favour of the petitioner and/or such other or further order or orders passed as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of the rule is as fol..........................................Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others……………Respondent Judgment March 7, 2011. Case Referred to- 32 DLR (...... Book Board (NCTB), Dhaka (Annexure-C to the petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building shall not be declared illegal and without any lawful authority and also as to why the respondents shall not be directed to i..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......ddin J. - I agree. This Case is also Reported in: ......ctim during the occurrence. .... 13 BLT 460. So, it appears that the main ingredients of the offence charged in this case found to have not been established inasmuch as has been disproved for want of legal evidence. ...” 8. In the case of 13 BLT 460, a judgment and order of conviction and sente..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....ay in filing the complaint, he refers to the case of Rustum and others Vs. The State reported in XIV BLT 435. 6. The learned Advocate for the appellants lastly submits that the trial Judge without proper assessment of evidence convicted the appellants on mere surmise and conjecture, which is not ....... Borhanuddin J.-I agree. This Case is also Reported in: ......In so doing their lordships of the Appellate Division observed: “7. … In a case based on circumstantial evidence, before any hypothesis of guilt can be drawn on the basis of circumstances, the legal requirement is that the circumstances themselves have to be proved like any other fact beyond ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....ants. Now we are to see as to how far the prosecution has been successful in proving the case against the accused appellants and whether the learned trial Court has arrived at the finding of guilt on proper assessment and appreciation of evidence. 22. Mr. Serajul Huq, the learned Advocate appeari......ction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Bulu………………..Appellant Vs. State………………..Respondent (Criminal Appeal No. 383 of 1990). Khairul and others………………….Appellant Vs. State……………………Respondent (Crimina......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
.... us to believe that the impugned order was issued on extraneous grounds rather than on finding of facts. Existence of factual grounds, for removal of the mutwalli should have been established after a proper hearing given to the petitioner. He should not have been removed on mere one sided appraiseme......LR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dastgir Hossain, Advocates ‑ For the Petitioner. A Baset Mazumder, Advocate ‑Respond......of the Waqif have been conspiring to remove him from the office of Mutwalliship and filed an application before the religious Ministry. Prior to that, they had lodged several complaints and also took legal action against him which were not successful. They had also lodged a complaint to the Administ..Category: Trust/Waqf Law | Date: | Hits: 157
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ction against the defendant‑petitioner, adding plaintiff‑opposite party Nos. 3 and 4 as plaintiff Nos. 3 and 4 and praying for a declaratory decree decreeing title of plaintiffs in the Schedule A property which is indistinguishable from the schedule of the earlier suit. They also prayed for conf......Ali & others......................................Opposite Parties Judgment June 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such ......in respect of such subject matter or such part of the claim………………..……. (6) Section 10 code of civil procedure There is absolutely no legal bar in instituting as many suits as the plaintiff can on the same cause of action in as many d..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......Respondent. Judgment June 2, 1991. Lawyers Involved: Moksudor Rahman, Advocate – For the Applicant. CR Ali with Abu Bakar, Advocates‑ For the Respondent. Application Nos. 1, 2 and 3 of 1984. Judgment Abdul Bari Sarker J.- These three cases arise out of applications unde......onsistency or conflict in between the provisions of section 10(2)(X) of the Income Tax Act and section 3 of the Ordinance quoted above.” 13. Considering the above facts and circumstances and the legal position discussed, we are of opinion that the Income Tax Appellate Tribunal was justified in ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....e‑A. The petitioner took about Taka two lacs fifty thousand on various dates in connection with purchase of the said house from Fazlur Rahman Dhali. It is stated that there are litigations over the property including criminal case. Thereafter the respondent No.1 filed an application before the Sec......inal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Majiruddin Ahmed, Advocate…………..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Involved: Majiruddin Ahme...... Tribunal No.1, Bangladesh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 should not be declared to have been passed illegally and without any lawful authority. The impugned order dated 13.3.91 (Annexure 1‑3) reads as..Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....elies. It is for the appellant‑petitioner to show that his conduct throughout the period between the date of impugned judgment and filing of the appeal has been of such a character that it would be proper to condone the period of delay that has occurred beyond the period of limitation and that app...... Judgment Syed Fazle Ahmed J.- The rule which arose out of the application condonation of delay in preferring appeal was heard by the Bench comprising Mr. Justice Bimalendu Bikesh Roy Choudhury and Mr. Justice Abdul Hasib and as their Lordships failed to return an unanimous verdict, their Lord......principle. It is true that in the matter of discretion no one case can be authority for another but at the same time discretion when exercised must proceed on evidence or material which the Court can legally take notice of. 18. It is true that while considering the question of reasonable excuse o..Category: Procedural Law | Date: | Hits: 87
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....f a student is the sole function of the University in accordance with the Rules and Regulations of the University. As the decision taken by the University Authority against the petitioner is just and proper and in accordance with law, the writ petition filed by the petitioner is not maintainable. ...... (Civil Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Sheikh Md. Shahidun Nabi................Petitioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Was......icated by respondent No. 3 the Controller of Examinations, University of Dhaka on 23.1.90 to the Barhamganj College should not be declared to have been made without lawful authority and to have of no legal effect. 2. The short facts of the case are, that the petitioner passed HSC examination in t..Category: Others | Date: | Hits: 122
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....was heard by Subordinate Judge, 2nd Court Chittagong and on reappraisal of the evidence on record he could not concur with the view taken by the trial Court on the point of limitation and having made proper analysis of evidence came to the finding that pre‑emptor petitioner was not in the know of ...... in: 45 DLR (HCD) (1993) 15. ...... ‑ For the Petitioner. Khademul Islam Chowdhury, Advocate ‑ For the Opposite Party No. 1. Civil Revision No.1348 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 22.10.89 passed by Sub‑Judge, Chittagong, i..Category: Property Law | Date: | Hits: 72
....ayer for temporary injunction. The mistake pointed out by the learned Advocate for the appellant can be corrected at any stage of the suit by amending the cause title of the plaint. So it will not be proper to make any finding on the said question at the stage of the hearing interlocutory injunction......Court Division
(Civil Appellate Jurisdiction)
Present:
Kazi Ebadul Hoque J
Nasir Miah, Malik Nasir Soap Factory..............Petitioner
Vs.
Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd........Opposite party
Judgment
June 6, 1994.
Cases Referred To-
I......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
.... the Insurance Company, defendant No. 5. Defendant Nos.1-4 were also granted overdraft facilities against their pledged stock of goods covered by valuable securities, charge documents, title deeds of property, etc. and the said defendants drew the advance by cheque through different accounts maintai......ceipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......ecurities, charge documents, title deeds of property, etc. and the said defendants drew the advance by cheque through different accounts maintained with the plaintiff Bank and that defendant No.5 was legally liable for the plaintiff’s claim but the said defendants repudiated the claim and did not ..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......
Moulavi Mohammad Wahidullah, Advocate-For the Respondent No.2.
Writ Petition No. 232 of 1985.
Judgment
Mahmudul Alam Choudhury J. - This Rule Nisi was issued calling upon Respondent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No....... as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.5 of 1984 (Annexure-F to the petition) should not be declared to have been given without lawful authority and is of no legal effect.
2. Respondent No.2 as the petitioner earlier filed an application on 3.9.84 under s..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....e terms of the agreement between the parties dated 25.5.83 Ext. Kha relied on by the Court below to hold that plaintiffs claim has no satisfactory basis, it may be observed that Court below failed to properly appreciate the terms of the said agreement. Admittedly plaintiff received the sum of Taka 1......iff Petitioner Vs. Begum Shamsun Nahar…………………………………..Defendant Opposite party Judgment July 21, 1994. Cases Referred To- Shamsuddin Ahmed Vs. Mohd. Hassan and others 31 DLR (AD) 155; Mosammat Rahima Khatun Vs. Abdur Rashid Bhuiyan and another 1984 BCR 520......he suit premises. 4. Mr. SR Karmakar, learned Advocate appearing on behalf of the petitioner, after placing the impugned judgment and other materials on record, submitted that Court below acted illegally in relying on the decision in the case of Shamsuddin Ahmed Vs. Mohd. Hassan and others repor..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....dge superseding the petitioner relates to a dispute touching the terms and conditions of service of the petitioner who is a person in the service of the Republic so the Administrative Tribunal is the proper forum to seek redress of his grievances in view of Article 117 of the Constitution. It is als......ddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to-......the Government was required to make appointments to these posts from amongst selection grade District Judges in consultation with the Supreme Court. In spite of the above mandatory constitutional and legal requirements the respondents, the Government of Bangladesh, represented by the Secretary Minis..Category: Employment/Service Law | Date: | Hits: 173
....ourt also took the view that in view of the provision of M.L.O. No.14 such order could not be passed.
3. It is unfortunate that the correct position was not visualised by the courts below from the proper angle. The plaintiff prayed for temporary injunction which was granted. His basis was that he......
FKMA Munim CJ
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Debishahar Agricultural & Fish Farming Co-operative Society Ltd………....Appellant
Vs.
Narayan Chandra Swarnakar & others…………..Respondents
Judgment
March 11, 1982.
Lawyers invo......d the order of cancellation of the certificate was maintained. An appeal against the said order of the High Court was dismissed by the Supreme Court which observed that the ex rent receivers got no legal right to grant of a certificate under sub-section (4) of sec. 20. After this decision of the S..
Category: Procedural Law | Date: | Hits: 68
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