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Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......f the District Judge, Bhola in Title Appeal No.66 of 1998 reversing those dated 28.07.1998 of the Assistant Judge, Borhanuddin Upazila Bhola, in Title Suit No.53 of 1994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No.53 of 199..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....ation for preferring a cross‑objection is one month. Superficially, there is hardly any distinction between 30 days and one month. By judicial interpretation it had been held that the two are not identical. The mode of calculation on the basis of 30 days and on the basis of one month are differe......jection filed by Md. Zahirul Islam defendant No.9. 7. Since all these matters have arisen out of the same judgment and decree passed by the trial Court they are taken up together for disposal. The questions involved are (1) whether a Cross‑objection is maintainable in respect of an appeal prefe......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......nverted into Courts of appeal or revision. It is only where statutory remedies are entirely ill suited to meet the demands of extra-ordinary situations, that is to say, where vires of a statute is in question or where the determination is mala fide or where any action is taken by the executives in c...... Case No.49 of 2007 pending before the Metropolitan Special Judge, Dhaka in exercise of writ jurisdiction under Article 102 of the Constitution. 2. The above proceedings arose out of the following facts:- 3. The law enforcing agencies seized a duty free vehicle from the basement of UTC Bhaban,..Category: Anti-Corruption Laws | Date: | Hits: 214
....ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......at Chittagong port and prior to commencing discharge as ullage survey was carried out according to which quantity of 1007.278 metric tons of tallow in bulk was ascertained on board the vessel and the question of any short delivery from the vessel cannot arise.
5. The trial Court decreed the suit.......ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... further argues that the petitioner have been lawfully dealt with in the departmental proceeding as all the requirement of domestic proceeding has been complied with by the authority and therefore no question can be raised against such departmental proceeding. 6. The learned Advocate Mr. AU Ahmed......my, but no such power has yet been delegated to the Director General, of the Academy meaning thereby the earlier charter of power, as formed on- 19-12-1987, remains unchanged. 17. On such admitted facts it appears that the Director General of বগুড়া পল্লী উন্নয়ন এ..Category: Employment/Service Law | Date: | Hits: 64
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......be treated as non-agricultural land, the pre-emption case under Section 96 of the Act was maintainable. 5. We do not find any scope to re-examine the whole evidence to find out whether the land in question is non-Agricultural Tenancy Act. The finding of the lower appellate Court on this question ......use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ..Category: Property Law | Date: | Hits: 76
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163....... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163....... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163...
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......mmissioner's report to pave the way for fresh commission for equitable partition of adjudged Hindu Joint Family properties by metes and bounds considering almost all aspects of raised objection as to question of fair and equitable partition and such finding of the trial Court do not suffer from any ......n Other Class Suit No.97 of 2005 rejecting the Advocate Commissioner's report dated 01.2005 along with field book, sketch map, share table in furthermore of preliminary decree of partition. 2. The facts of the case, in short, are that the respondent No.1 plaintiff instituted Partition Suit No.74 ..Category: Property Law | Date: | Hits: 93
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135.......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135....... - This petition for leave to appeal is directed against the judgment and order dated 04.03.2007 passed by the High Court Division in Criminal Revision No.1283 of 2003 discharging the Rule. 2. The facts for the case, in short, are that on 12.08.1998 the respondent No.1, Akbar Hossain Pathan took ..Category: Criminal Law | Date: | Hits: 75
Amulla Kumar Bairagi and others Vs. Chitta Ranjan Biswas and others, 2002, 31 CLC (AD)
....ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ......ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ...... J.- The petitioners seek eave to appeal against the judgment dated 25.3.1999 passed by a Single Bench of the Hugh Court Division in Civil Revision No.1702 of 1994 making the rule absolute. 2. The facts, in short, are that Loknath Bairagi, father of the present petitioner Nos.1 to 3, as plaintiff..Category: Property Law | Date: | Hits: 69
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......word Engineer or Prokoushali was never used before the publication of said advertisement Exhibit-12 as such on seeing the word 'Prokoushali' plaintiff used Jonoika in his advertisement. 22. On the question why the occupation of the father of defendant No.1(a) to 1(e) mentioned as business, Mr. ......istrict Judge, 7th Court, Dhaka in Civil Revision No. 358 of 2004 in which learned District Judge added defendant Nos.1 (a) to 1(e) as heirs of Shamsul Kabir Humayun Reza of 157, Bara Mogbazar. These facts on chronologically studies of the different orders passed by the learned Joint District Judg..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......n did not say anything nor denied the said allegation. Section 342(2) of the Code of Criminal Procedure speaks that the accused shall not render himself liable to punishment by refusing to answer the question put to him; but the Court may draw such inference from such refusal or answers as it thinks......on allegedly to have been made by victim Biplob there is no other direct or circumstantial evidence in committing the alleged offence by condemned-prisoner Lebu Miah. He further submits that in the facts and circumstances of the present case the dying declaration is highly suspicious and doubtfu..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....dule of the suit property. 5. The suit was contested by principal defendant Nos. 1 to 6 by filing one joint written statement and by defendant Nos. 8 and 10 by filing another separate statement on identical grounds. 6. Their common case is that the Suit is not maintainable in the present form ......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......m Ali in that plot had been extinguished by adverse possession before the alleged dispossession of the plaintiffs from the 'B' schedule land. Facts of the above decisions are distinguishable from the facts and circumstances of the present case and as such principle enunciated in those cases are of n..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ...... for cancellation of the entire deed, and under such circumstances, it was incumbent for him to seek the relief under section 42 of the Specific Relief Act, praying for a declaration that the deed in question so far as it relates to inclusion of 0028 decimals of land is void. 6. Section 31 provid......Kumar Sinha J. - Appellants obtained leave from this Court from the judgment and order dated 13th May, 2003 of a Single Bench of the High Court Division in Civil Revision No.6768 of 2001. 2. Short facts relevant for the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the..Category: Property Law | Date: | Hits: 49
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......that may call for its interference and further prays for dismissal of appeal. 12. We have perused the memo of appeal, evidence on record and other materials. Also heard the learned D.A.G. The question calls for determination is, whether the impugned judgment and order of conviction and sente......ilding, where several important Government offices, such as, Courts of Magistrate etc, and other, carrying with him fire arms and captured by the police red-handed. The tribunal below having based on facts, situations; evidence adduced by the prosecution, and ballistic report and other materials on ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......s 2007, before according sanction on the basis of the self-incriminatory statement of Md. Habibur Rahman to ascertain the veracity of his statement. For not doing so, the sanction dated 17.08.2008 in question is ex facie biased and malafide, and is not a sanction in the eye of law. Consequently, the...... in the Court of Special Judge, Court No. 7, Shere-E-Bangla Nagore, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this rule are that, one Mr. Ashraful Islam, Assistant Director of t..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......e same was filed within the period of limitation from the date of knowledge of the sale of the case land sought to be preempted. 11. It is a settled proposition of law that concurrent finding of facts based on evidence or other materials cannot be disturbed by the High Court Division in exerc..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......ecision in the case of Khurshid Ali and others Vs. Noorjahan Bewa and others reported in 15 BLD(AD) 82 where in it has been held that:- "When the appellate Court as the final Court of fact decides questions of fact and records its findings on consideration of the evidence on record, the High Cour......principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure has been laid down in several judicial pronouncement of our Appellate Division that the finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manife..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......amed Special Judge Dhaka so far it relates to the framing of the additional charge against the petitioner under section 5(1)(e) of the Prevention of Corruption Act (Act II) of 1947 has been called in question and Mr. Moudud Ahmed, the learned counsel for the accused petitioner, concentrated his argu...... proceed with the trial. Both the learned counsel and the Attorney‑General made their best efforts to substantiate their respective viewpoints by their painstaking and attractive argument placing facts of the case and relevant laws citing a number of case laws assisting the Court for coining to ..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......against an order dated 15.3.92 issued by the Election Commission directing a fresh election of Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad, Sandwip, Chittagong. 2. The facts, in short, as stated in the petition, are, that the petitioner along with respondent Nos. 6 an..Category: Election Law | Date: | Hits: 122
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