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Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....he effect of a "Bandh" on the fundamental rights of other citizens. There cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of an individual or only a section of the people. It is on the basis of...... December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A of the Code of Crim......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......07/379/365 and 34 of the Penal Code read with Sections 3 and 4 of the explosive substance Act. 2. The facts, in brief, are that one Nazrul Islam on 17.06.2002 filed a petition of complaint before the learned Magistrate, Comilla alleging, inter alia, that he was a contractor and got a ......f the appeal Mr. Abdur Razaque Khan learned Additional Attorney General submits, inter alia, that the High Court Division though found that there are allegations of snatching away money by the respondent from the informant but still the High Court Division allowed bail to t..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
.... witnesses examined by the plaintiff and the defendant Nos.2 and 3 as well as by the defendant No. 10. Plaintiffs and defendant Nos. 2, 3 and 10 also filed documents in support of their respective claims. 7. The trial court on consideration of the oral and documentary evidence arrived at ......on setting aside the judgment and decree dated January 29, 1991 of the Court of Assistant Judge, Raozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is th......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....-II and appointment of the Respondent No. 5 in Grade-I. After joining in Grade-II the writ-petitioner represented to the authority that he should be promoted to the post of Chief Engineer and also claimed seniority over Respondent No.5. As it appears from the materials on record that there has b......ioner. Not represented- Respondents. Civil Review Petition No. 47 of 2005 (From the judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1910 of 2002) Judgment: &......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......te Ltd, 1994 PLD (SC) 363; Govt. of Province of Bombay Vs. Pestonji Ardeshir Wadia and others, AIR 1949 PC 143; Gupto Imp. Vs. Board of Revenue, AIR 1953 SC 25; Texco Stores Vs. Secretary of State for Environment and others, (1995)2 All England Reports 636; Ghulam Zarina, 16 DLR 486 Vs. A.B. Kho......el has further submitted that though section 25(1) of the Customs Act authorises levy of the customs duties in respect of the imported goods, meaning thereby the worth of a thing expressed in money and is determinable by reference to the objective yardstick normally the 'market price' ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....ss Suit No.81 of 1986 and the said suit was dismissed on contest on 26.4.1994; the plaintiff-respondent herein filed S.C.C. Suit No.2 of 1989 for eviction; in the said suit the defendant claimed title as care-taker on behalf of Rama Proshad since 1959 and according the suit was dismiss......reversing those dated 28.02.1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, ......od said Sudhir Chandra left this country for India; Dil Mohammad transferred the suit land to his wife plaintiff-Amena Khatun (respondent herein) through registered deed of sale in return of dower money on 15.12.1967 and accordingly mutated her name in mutation Case No.793/IX/75-76 dated 22..Category: Property Law | Date: | Hits: 34
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....the submission that the Administrative Appellate Tribunal erred in holding the view that the appellant sought different reliefs from two different sets of respondents but actually, the appellant's claim is against the Government only and, according to the finance rules, bail must be submitt......as Technical Inspector of Food on 28-7-1981. While serving as such he was placed under suspension on 17-11-1981. In a Martial Law Case he was convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Taka 75,000 by judgment and order dated 20-8-1982. On his prayer...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 132
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....-11-1963 in pursuance of the oral exchange. On 9-12-1963 the plaintiff as Ammuktear of Jitendra and Radhanath executed a deed of exchange in his favour and thus acquired title to the suit land. He claims to be in continuous possession of the suit land since 1356 BS. During RS settlement the defe...... Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by t......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 35
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
.... sister enterprises of the said company in which major shares were held by the same group of persons were released to the shareholders by the Government being satisfied as to the genuineness of their claim. Suddenly appellant No.1 received the impugned Memo No.Shilpa/Dairy No.037/DT-2-/87/3028 dated......d order dated 20-7-1994 passed by the High Court Division in Writ Petition No. 298 of 1987). Judgment Amirul Kabir Chowdhury J. - At the instance of Arif A Shekha and nine others Civil Petition for Leave to Appeal No. 99 of 1998 was preferred against the judgment and order dated 20 July 1994 p......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....or temporary injunction. The suit was filed seeking decree for permanent injunction restraining the defendant Nos. 2-10 from admitting girl students in Nalchity Merchants High School. The plaintiff claiming himself as the Vice-Chairman of the Nalchity Girls High School filed the aforesaid suit s......) allowing the same and thereupon setting aside the judgment and order dated January 18, 2001 of the Court of Assistant Judge, Nalchity, Jhalokathi in Title Suit No. 2 of 2001 rejecting the prayer for temporary injunction. The suit was filed seeking decree for permanent injunction restraining th......rted to by High School the parents of the girl students would not be interested to admit their girls in the School and thereby the School would face serious loss which cannot be compensated by money, that although the High School has taken step to start new section for admission of the girl ..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....n the Court of Subordinate Judge, Narayanganj. The question for consideration in this appeal by leave is whether the appellants are liable to pay any interest on the principal sum of Tk. 50,226.70 as claimed by the respondent Sonali Bank, (plaintiff—decree-holder) and decreed on admission by the d......the decree being silent as to further interest or any interest, it must be held under section 34(2) CPC that the court has refused such interest. The view taken by the High Court Division cannot therefore be supported. Thus the appeal is allowed and the appellants pay an amount of tk. 2000/- to the ......nts and what was the decree passed on admission, in particular if there was any interest allowed on the principal sum adjudged till realization of the dues. 9. Section 34(1) CPC provides that in a money decree, the court may, in the decree, order interest to be paid on the principal sum adjudged ..Category: Banking Law | Date: | Hits: 134
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....even if for argument's sake it is conceded that there was a concluded contract, even then for the breach of the contract the remedy of the respondent No.1 was not by invoking writ jurisdiction but by claiming compensation; the floating of the tender by the appellant inviting offer for the supply of ......8-1998 issued by the appellant withdrawing the letter of intent dated 3-8-1998. 2. The respondent No.1 filed the above writ petition stating that the appellant floated a tender inviting proposals for supply, installation and maintenance of 100 sets of 160 KVA diesel generators for maintaining un......der Schedule, Annexure-A to the writ petition, Tender was published on 30-5-98 and then on 1-6-1998 correction of the same was made to the effect that the contract will be on Turnkey basis, earnest money will be @ 2.5% and in place of 8-6-98 the last date for submitting Tender will be 23-6-98; the..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ons and such inaction on the part of the respondents is violative of fundamental right guaranteed under the Constitution and the High Court Division also fell in error in not appreciating that the claim of the appellant is based on Articles 15(a), 18(1), 31 and 32 of the Constitution in breach o...... in the ground water did not exceed a particular quantity as noted in the Environment Conservation Rules 1997. 3. In the writ petition it was, inter alia, stated that the writ petitioner, a former Member of the Parliament from Sonargaon area, a former Minister of Social Welfare ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....ari Khatun on April 14, 1973 and affirming of an affidavit by Sahera Khatun in confirmation of the oral gift said to have been made by her to her daughter Anwari Khatun are all got up story, that the claim of the petitioner that Sahera Khatun had a daughter Anwari Khatun is also a got up story, that......f 1985 and that including of the property in question in the 'Kha’ list and publication of the said list in the Bangladesh Gazette is quite legal. 2. The writ petition was filed challenging the aforementioned judgment of the Court of Settlement. The High Court Division upon making the Rule ab......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....ling the affidavit-in-opposition. After hearing the parties the High Court Division discharged the Rule on the findings that in the background of the materials on record writ-petitioner can neither claim seniority to respondent No. 5 nor. can claim promotion to the post of Chief Engineer on the g....... Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1910 of 2002) Judgment: Md......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....ade by their predecessors the defendant Nos. 2-8 are possessing 1.60 acres of land in the suit land of which 0.70 acres of land was acquired for Meghna-Dhaka Godabari Embankment; the defendant No.1 claims to have purchased 0.30 acres of land from Priya Lal whose father Gouranga purchased the sam...... Lawyers Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1394 of 2003. (From the judgment and order dated 24th June, 2003 pa......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......s). Not represented—Respondent Nos. 3-9. (In Civil Petition No. 477 of 2005). Not represented—Respondent Nos. 3-7. (In Civil Petition No. 478 of 2005). Civil Petition for Leave to Appeal Nos. 477-478 of 2005 (From the judgment and order dated 7th & 8th De......hange of ownership and transfer of shares of the writ petitioner-applicants in the 'Ka' group industries in favour of the existing shareholders and directors they are no longer liable for the loan money of 'Ka' group of industries and, as such, their names cannot be included in the CIB report ma..Category: Business or Commercial Law | Date: | Hits: 108
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....s for a consideration of Tk 7055/- but the contract for permanent lease, having contravened the provision of section 75A of the East Bengal State Acquisition and Tenancy Act, the petitioners' claim for specific performance of the said contract was not sustainable. The learned Subordinate Ju......enior Advocate, with Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.—For the Petitioner. Not represented—Respondents Civil Petition for special leave to appeal No.160 of 1977 (From the Judgment dated the 31st August, ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....followed and it has been accepted as reliable without proper scrutiny and no consideration has been given to inherent absurdities or improbabilities of them, then the appellate Court's finding cannot claim sanctity. This Court, whose duty it is to see that complete justice is done to all parties, ca...... Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring incon......eir side from the side of this appellants' uncle, PW 17 Abdul Ban Chowdhury. This witness also stated that the appellant requested him to leave the house of Abdul Bari and promised to give him more money to which he declined. During the course of conversation other appellants came to the place and..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....91 BS, that taking advantage of the wrong record in the name of the defendant No.1 she sold the land in suit to the defendant Nos.2 and 3 by the 4 kabalas dated 24th May, 1984. The plaintiffs upon claiming right, title and possession in the land in suit and alleging the kabalas of the defendant ......ers in favour of defendant Nos. 2 and 3 are illegal and void. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'ka' attached to the plaint and for declaring 4 kabalas described in schedule 'Kha' illegal, fabricated, forged, void, collusive an......o the defendant No.2 on 24th May, 1984 and that on that very day by another kabala they transferred 50 decimals of land to defendant No.3 and put them in possession, that consideration money was paid by Mokhles, father or the defendant Nos.2 and 3 and that he possessed the land on b..Category: Property Law | Date: | Hits: 52
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