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Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
.... condoned. 2. This petition for leave to appeal has arisen out of an order dated 6-7-2009 passed by the AdmiÂnistrative Appellate Tribunal, Dhaka in MiscellaÂneous Case No.5 of 2009. 3. Short facts relevant to disposal of this petiÂtion for leave to appeal are as follows: The respondent,......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim................................e following matÂters, namely: (a) Summoning and enforcing the attenÂdance of any person and examining him on oath; (b) Requiring the discovery and production of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or a copy thereof from any office; ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....d and registered in favour of the respondent No.1, the petitioners' relief does not lie under the Companies Act. It is further alleged that in the present case there are so many disputed questions of facts which cannot be adjudicated in such summary proceeding. It is their further case that the peti......y. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......pears that the respondent No.1 failed to pay Tk. 10,00,000.00 in total on or before 30th July, 1986 as per agreement made between himself and the petitioner No.1. The respondent could not produce and evidence before this Court to show that respondent No.1 had fulfilled the terms of the agreement as ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... the petitioner did not mention in the application for the second passport that he had passport earlier, but in view of the assertion of the respondent No.1 in the affidavit‑in‑opposition and the facts narrated in Annexure‑D to the petition it is clearly evident that the petitioner did not sup...... Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
.... The Rule is accordingly, made absolute and the impugned judgments and decrees of the courts below are set aside. I further order that the suit be dismissed as being not maintainable. Considering the facts and circumstances of the case, I however, make no order as to costs. 8. The other Rule call......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Mohammad Mofizuddin ..........................Petitioner Vs. Mohammad Firoj Alam and another……………..…..…….Opposite Parties Judgment July 31, 1991. Case Refer......gned order is mala fide. I have carefully perused the plaint. The plaint no‑where alleges that there was any mala fide on the part of defendant Nos.1 and 2 in issuing the impugned Notification. The evidence also does not disclose anything of that kind against those who made the order and courts be..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....served that the question of maintainability of a suit should be raised at the earlier stage of the proÂceeding and all the issues should be decided togethÂer keeping in view of the evidence and the facts and circumstances of the case. The learned District Judge further observed that the suit was n......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Salahuddin Khan and others and others...................Appellants Vs. Md. Abdul Hai Bahar and others………......n erred in law in making the Rule absolute inasmuch as it is the setÂtled principle that after framing issues including maintainability of the suit, all the issues are to be disposed of after taking evidence and no plaint should be rejected "only by one issue or piecemeal issue" under Order XX, rul..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....tition for leave to appeal is directed against the judgment and order dated 7th March, 2007 passed by the High Court Division in Criminal Revision No.351 of 2006 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the accused Md. Nazir Ahmed used to live in ......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Joynul Abedin J Amin Mia (Md.)……………………………………...Petitioner Vs. Nazir Ahmed and another……………………...Respondent Judgment December 14, 2008. Lawyers Involv......eviÂdence of P.W. 5, the Investigating Officer it appeared that the relevant cheques were not seized and only counterfoils were seized. The High Court Division held that counterfoils cannot be legal evidence unless the original cheques are proved to be encashed by the accused-petitioner. Accordingl..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....er dated 4.9.80 intimated the defendant No.3, the local agent of the defendant Nos.1 and 2, about the aforesaid collision and damage. The Proforma defendant No.4 also informed the plaintiff about the facts of the accident together with the loss sustained by the injured vessel. The proforma defendant......h Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation...................Plaintiff. Vs. Philoship Co. S A Owner of the Greek Ship M V Hios and others…………..…….Defendants. Judgment July 22, 1990. Cases Referred To- Do......sel causing damage to a vessel in anchor. At page 94 of the above book it appears that when a vessel under steam runs down a ship at her moorings in broad daylight, that fact is by itself prima facie evidence of fault, and she cannot escape liability for the consequences of her act, except by provin..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
....ay direct the police officer to investigate into the case for purpose of ascertaining the truth or falsehood of the complaint. The fact of the decision reported in 32 CrLJ 950 is founded on different facts than the case before us. In that case the Sessions Judge while hearing a revision against the ...... in: 44 DLR (HCD) (1992) 30. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....e subject matter in issue in both the suits are the same it is always convenient to get the suits heard by the same Court before which those are pending in order to avoid conflicting judgment. In the facts and circumstances of the case, I am inclined to hold that if the two suits are heard by the sa......Nurul Islam & others ..................... petitioner Vs. Noor Mohammad……………………Opposite Party Judgment February 6, 1991. Case Referred to- M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56. Lawyers Involved: Abdus Salam Khan, Advocate‑Fo......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29...Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......8....... learned Advocate submits that the Court of appeal below committed an error in law in its decision in holding that the suit was heard on merit and the learned trial Court did not properly discuss the evidence in this regard and passed the impugned decree ex parte. He further submits that the learned..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....rty in auction. It is also the case that Bangladesh Jute Trading Corporation also issued a letter dated 16.1.86 addressed to the General Manager, Bangladesh Mukti Judda Kallayan Trust stating all the facts of the property and also the sale of the property by them to the plaintiff and requesting them......urisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Bangladesh Mukti Judda Kallyan Trust…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....dated 23.1.91 pending before the Special Tribunal No.2, Dhaka shall not be declared to have been taken without lawful authority and to be of no legal effect. 4. In Writ Petition No.767 of 1991 the facts of the case are that the respondent No.1 Government of Bangladesh through its Senior Assistant......sain……………………………..Petitioner (Writ Petition No.947 of 1991) Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and another………………Respondents (In both the Writ Petitions). Judgment August 27, 199......a on 26.5.91 and prayed for bail which was not granted. Before the Special Tribunal Case No.118 of 1991 was stayed on 9th 1une, 1991 by this Court, the Special Tribunal No.1 had already recorded the evidence of two witnesses and since then continuance of further proceeding of the said Special Tribu..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......Bashir Ahmed, Assistant Attorney General-For the Opposite party. Judgment AKM Asaduzzaman J. - This rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order of conviction and sentence dated 30.4.2006 passed by the learned Special Tribunal, Court N......ode of Criminal Procedure. 9. The learned advocate appearing for the petitioner on drawing our attention to the deposition of the prosecution witnesses submits that this is absolutely a case of no evidence since the prosecution failed to prove the charge by any corroborative evidence against the ..Category: Criminal Law | Date: | Hits: 68
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......espondent Judgment April 26, 2011. Lawyers Involved: Md. Khairul Alam-For the Appellant. Biswajit Deb Nath, Deputy Attorney General with Nizamul Hoque Nizam, Assistant Attorney General and Shaikat Basu, Assistant Attorney General -For the State. Criminal Appeal No. 427 of 1996. ......ant, he pleaded not guilty and claimed to be tried. 5. In order to substantiate the allegation against the appellants, the prosecution in all examined 9 witnesses. 6. After completion of taking evidence the convict appellant was examined under section 342 of the Code of Criminal Procedure. Dur..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....ssan Ariff, the learned Attorney general appearing for the petitioners submitted that the writ petition is not maintainable under Article 102 of the Constitution as it involves disputed quesÂtion of facts as to whether the RAJUK could revise its layout plan due to the encroachments for the embankme....... ...... and order dated 30-6-1999 passed by the High Court Division making the rules in writ petition Nos.1046 and 1408 of 1993 absolute declaring the lay out plan No.TP/RLP/I886/FEB-1/91(5) dated 9-2-91 as evidenced by Annexure 'G' to the writ petition to have been made without any lawful authority and is..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....sequent to the passing of the judgment after reviewing the Government's file in respect of the disputed land the respondents filed the review application on the ground of non-representation of actual facts of the ease. 3. It was further asserted in that review application that the writ petitioner......ivision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Bangladesh, repreÂsented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Police Station-Ramna, Dhaka and othÂers...........Petitio......early indiÂcates that the writ respondents have no controversy with the assertions made by the writ petitioner. Therefore the question of error on the face of the record and disÂcovery of any other evidence on important matter does not arise at all to have a review of the decision made by this Ben..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....nce, found the plainÂtiffs' right, title and possession in the suit property. The learned Counsel has argued that the revisional court without reversing this concurrent finding of both the courts of facts most erroneously held that the plaintiffs alleged adverse possession in the suit property coul......III ADC (2011) 370....... Division which also was dismissed. That the plaintiffs never had any title or possession in the suit tank and as such the suit filed by them is liable to be dismissed. 4. Both the parties adduced evidence, both oral and documentary, in support of their respective cases before the trial court. On..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
.... Appeal No.288 of 2002 dismissing the appeal and thereby affirming the judgment and decree dated 14-3-2002 passed by the Joint District Judge, 3rd Court, Dhaka in Title Suit No.141 of 1996. 2. The facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:â€......ucted by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the High Court Division in First Appeal No. 288 of 2002). Jud......accordingly both the respondent No.1 and the petitioner filed the statements of claim and written statements respectively. Considering the said statements of claim, written statements and documentary evidence of both the parties the sole arbitrator passed award on 8-8-1996 and sent that to the learn..Category: Alternative Dispute Resolution | Date: | Hits: 182
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....s both dated 28.02.2010 passed by the High Court Division in Contempt Petition No. 83 of 2009 and Contempt Petition No.156 of 2009 rejecting the applications for further adjournment. 2. The short facts necessary for Civil Petition for Leave to Appeal No. 655 of 2010 are as follows:- Responde......ain J Surendra Kumar Sinha J Md. Abdul wahhab Miah J Syed Mahhmud Hossain J Imman Ali J Mohammad Mahbubur Rahman…….............Petitioners (In both the cases) Vs. G.M Mostafa and another…........Respondents (In Civil Petition No. 655 of 2010) Shanaz Noor and another…...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ..Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....e appeal by leave is directed against the judgment and order dated the 6th day of January, 2003 passed by the High Court Division in Criminal Appeal No.3080 of 2000 disÂmissing the appeal. 2. The facts involved in case, in short, are that one Majidur Rahman the then Inspector, Drug Control Direc......ant Vs. The State………………………………………………………......Respondent Judgment August 16, 2009. Result: The appeal is dismissed. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For t......le of 500 milligrams out of the said substance was sent to the chemical examiner for being confirmed as to whether the content is either heroine or not or other chemical substance. It is disclosed in evidence that the substance of 700 grams of heroine was found in a polythene bag in possession of th..Category: Criminal Law | Date: | Hits: 80
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