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Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. .................... Respondent Judgment August 5, 2007. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record- For the Petitioner. Not represented- For Respondent. Criminal Petition for Leave to Appeal No. 138 of 2005 (From the Judgment and Order dated January 9, 2005 passed by ...... the prosecution was called upon to establish the same by calling witnesses. It was the defence of the convict that the prosecution case was false and that as subsequently he had deposited the entire money said to have been misappropriated by him the prosecution case against him was not a legally we..Category: Anti-Corruption Laws | Date: | Hits: 111
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....u Mia as there were inherent contradictions in his evidence and no other witness was examined by the plaintiff in support of his case regarding talk and execution and registration of mortgage deed as claimed by him. The High Court Division on correct assessment and consideration of the material evid................Respondents Judgment February 24, 2004. Lawyers Involved: Md. Amir Hossain, Advocate on-Record- For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No.1336 of 2002. (From the judgment and order dated 11.02.2002 passed by the ......o. 2 agreed to take the land in mortgage for his daughter, defendant No. 1 at a consideration of Tk. 5,000/-. It was agreed that the defendant No.1 would reconvey the land on payment of consideration money. Accordingly plaintiff was taken to Sub-Registrar's Office by the defendant No.3, brother of t..Category: Tenancy Law | Date: | Hits: 174
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
.... have considered the submissions and perused materials on record. 13. There is no dispute that the defendant No.1 Sree Shyamal Kumar Paul was the tenant of the plaintiff-respondent No.1.The claim of the present petitioner (defendant 2) is that he purchased possession from the defendant No......d- For Respondent No.1. Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 429 of 2005 (From the judgment and order dated 04.12.2004 passed by......the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....m from the suit premises but failed. 4. Mr. Mahbubey Alam, learned Counsel, appearing for the petitioner submits that in the Civil Revision serious question of law was involved and legality of the claim made by the petitioner was also involved but the learned High Court Division without entering ......ate-on-Record- For the Petitioner. S. M. Monir, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- For Respondent No. 2. Civil Petition for Leave to Appeal No. 599 of 2005. (From the judgment and order dated 13th March, 2005 passed b......ceipt as usual and thereby misunderstanding cropped up between the plaintiff and the defendant No.1 in respect of rent receipt and that the defendant No.1 was compelled to send rent for two months by money order. The plaintiff was not available at his residence during the time when the money order w..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... that Shimul Mondal took settlement of 1.06 acres of land from Hiralal and others on 16th Falgun, 1343 B.S. and the said land has been recorded in the name of the defendant No.20, that the defendants claimed right, title and possession in the land in suit and denied the possession of the plaintiff. ......ucted by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- For Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.1376 of 2004. (From the Judgment and Order dated June 19, 2004 passed by ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....56. In that case, it was held that the High Court in its writ jurisdiction is competent to review its own decision under clause (b) of section 114 of the Code. It was further held that the right to claim review of any decision of a court of law, like the right to appeal, is a substantive right a...... assessment was prepared on 16.10.1991. The petitioner received the award on protest. The petitioner being dissatisfied with the quantum on award filed Arbitration Revision Case No. 1836 of 1990 before the learned Subordinate Judge (now Joint District Judge) and Arbitrator, Dhaka who by his judg......tor in Review Arbitration Misc. Case 16 of 1991 that the Arbitrator in the judgment held that land acquired in the same L.A. case in respect of the same and other adjoining mouzas the compensation money was assessed at a higher rate and the petitioner was entitled to that rate. In this view of t..Category: Property Law | Date: | Hits: 27
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....y entitled to retain. The submission of the learned Counsel is of no merit since preparation of the compensation assessment roll and the publication thereof has the legal presumption that the land claimed by the plaintiffs is of non-retainable class of land and that as on the publication of the ......wyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners Not represented—The Respondents Civil Petition for Leave to Appeal No.132 of 2001. (From the Judgment and order dated 14-8-200 passed by th......ss of land. It is also seen from the Judgment of the High Court Division that compensation roll in respect of the land in suit was prepared as back as in 1962 upon assessing considerable amount of money and thereupon compensation roll has been published in the gazette. It is further seen from th..Category: Property Law | Date: | Hits: 27
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
.... by the Revenue Deputy Collector wherein it has been stated that there were as many as 5 bunds which completely blocked the free passage of water and thereby paralysed their business for which they claimed relief and it has been also stated that a considerable amount in the maintenance of th...... by the erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) Judgment Mahmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation for the loss, caused to them by Irrigatio......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
.... trial court while exercising jurisdiction, under section 115 of the Code. 9. Mr. Abdul Hamid, learned Counsel appearing for the respondent, however, submits that the appellant having no manner of claim in the suit property prayed to be added as defendant with the ulterior object of delaying di......ingle Judge of the High Court Division in Civil Rule No. 719 of 1975 setting aside the order dated April 14, 1975 of the 1st Court of Munsif, Kushtia in Title suit No. 673 of 1969 allowing the prayer for addition of the appellant as defendant No. 7 in the suit under Order I, rule 10 of the Code of C......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....section 23, the provision is clear enough to show that, having regard to the particular facts in question, it is in the discretion of a Small Cause Court to refer the matter to a Civil Court when the claim of plaintiff is dependent upon a question of title. The contention of the learned Counsel on......nt December 7, 1976. Lawyers Involved: B. B. Roy Chowdhury, Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Petitioner. Ex-parte — For the Respondent. Civil Petition for Special Leave to Appeal Nos. 186 and 187 of 1976. (From Civil Revision Nos. 1552 and 1553 of ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..Category: Tenancy Law | Date: | Hits: 163
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....ty as is referred to in paragraph 4 shall be called in question on any ground whatsoever before any authority or in any court; nor shall such taking over or vesting of property give rise to any claim to compensation. (2) All suits, appeals, petition applications and other legal pro......sh;For the Respondents. M. H. Khandker, Senior Advocate with A. T. Kamrul Islam, Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Appeal No. 171 and 305 of 1977. (From the judgment and order dated J......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....en allowed bail by the learned magistrate on 19-6-2004. After hearing the parties charge has been framed against the accused petitioner under section 138 of the Act to which he pleaded not guilty and claimed to be tried. 4. The accused petitioner thereupon filed Criminal Miscellaneous Case No.100......18, 2007. Result: The criminal petition is dismissed. Words and phrases Refer to drawer The endorsement "refer to drawer" does not mean anything but that the cheque has been returned for insufficient funds in the account of the drawer of the cheque. These are merely words in banking......f the complainant and that on 15-9-2003 the complainant last presented the cheque in the bank for encashment but it has been dishonoured due to insufficient fund and then the complainant demanded the money from the accused serving him a legal notice and requested to pay the amount but to no effect. ..Category: Criminal Law | Date: | Hits: 138
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....es and the recruitment Rules of these posts are also separate. By the said Memo the Government also increased the scale of pay of the Preventive Officers. A group of promoted Appraisers and others claimed seniority over the directly recruited Appraisers on the basis of the above memo dated 26-6-......II Gazetted Officers (Customs Excise and VAT) Appointment and Service Terms and Conditions Act, 2000 (XX of 2000), section 8 Provision invoking Article 136 of the Constitution has been made for creation, amalgamation and unification if any such posts but has only provided certain provisio......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......or 15 of the Emergency Power Rules, 2007 can be tried under the said Rules. Neither the Emergency Power Ordinance nor the Rules created those offences. Section 385 has been brought under rule 14 only for the purpose of trial. Therefore the question of violation of Article 35(1) of the Constitution d......g to become the local agent of TPE, that at that time he tried to influence their principal in Russia and failing in all his efforts he pressurised the informant's company to pay him a huge amount of money. Thereafter in June, 2000 the informant met Sheikh Fazlul Karim Selim at his residence and pro..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... (c) then call for the opinion of the Chief Justice so far as it relates to the writ petitioners…………………(37) When a party to a proceeding claims that certain documents are privileged and immune from scrutiny by the Court, the Court must ......inion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in t......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ...... Lawyers Involved: Fariduddin Md. Reza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 916 of 2004 (From the judgment and order dated 02-05-2004 passed by......ngly, the deed of agreement was filed in the Court and plaintiff examined himself on 18-11-1997 in support of such agreement. Even, thereafter, the plaintiff did not pay the aforesaid consideration money and could not obtain the kabala executed and registered by the said defendant. 4. The..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....s. Castrol UK Ltd. and others ...............Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to...................Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint……&hell......econd Court, Dhaka, passed in Money Suit No. 21 of 1993 refusing to treat the counter-claim filed by the defendant in the above suit as a plaint in the cross suit after the withdrawal of the above money suit by the plaintiff. 2. Brief facts are that the respondent, as plaintiff, fil..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....and perused the judgment of the High Court Division and other connected papers on record. 5. The learned Additional Attorney-General submits that the writ petitioner had no vested right to claim exemption of tariff value on the basis of notification in force at the time of opening of let.........Respondent Judgment March 24, 2000. The Customs Act, 1969 (IV of 1969), Sections 25(7) and 30 The importer has to pay tax and duties on the basis of tariff value in force on the date of presentation of the bill of entry. The High Court Division was not justified ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....cept or reject the bid in part, accepted the writ petitioner’s bid for five out of fourteen items and the writ petitioner having paid the price of the five items is debarred from raising any claim in relation to the remaining items. Therefore the High Court Division committed illegality in....... Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner’s bid for five out of fourteen items and the writ petitioner having paid the price of the five items is ......ee the respondent No. 2, the Executive Engineer, Sylhet PWD Division asked the writ petitioner in 5 separate letters dated 18-3-2004 (vide Annexure-C series to the writ petition) to deposit the bid money in respect of 5 items only. The writ petitioner accordingly, deposited the bid money. But the..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......een heard together and are being disposed of under this judgment. 2. Criminal Appeal No. 5 of 2008 has arisen out of leave granting order dated 31-1-2008 passed by this Court in criminal petition for leave to appeal No. 46 of 2008 challenging the order dated 13-12-2007 passed by the High Court D......Helaluddin total amount of Taka 5,64,62,947 to the accounts of his wife and mother-in-law from the joint account of himself and his father. The learned Special Judge also found that such transfers of money were not irregular but the money was transferred with dishonest purpose to screen disproportio..Category: Anti-Corruption Laws | Date: | Hits: 219
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