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Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....ding the suit and at this revisional stage the prayer for remanding the appeal to the lower appellate court to fill up the lacuna can not be allowed as the same would amount to serious miscarriage of justice so far as the plaintiff is concerned. I am therefore not impressed by the submission of the ......to the lower appellate Court was only to fill up the lacuna. 8. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. ......d- For the petitioner. Abdul Aziz Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- Respondent No.2. Civil Petition for Leave to Appeal No.1211 of 2008. (From the judgment and order dated 28.2.2008 passed by the High Court ...... register the sale deed. 3. The defendant No.1 contested the suit and filed written statement denying the material allegations made in the plaint and contending that the plaintiff is his sister in law and being a solvent person she used to give loan to others and thereby earn interest and the def..Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....nvest these two industrial units by giving 51% and 49% shares of the said two companies to the said corporation respondent No.3 and the general public respectively. Upon sending a notice of demand of justice on 21.06.1987 the appellants challenged the impugned memo dated 27.05.1987 and the appellant......n of 51% shares with the corporation has rightly been held to have been issued without lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......of 2008. (From the judgment and order dated 04.06.2007 passed by this Division in Civil Appeal Nos. 33-34 of 1997 and 40 of 2000.) Judgment Md. Abdul Matin J.- This review petition for leave to appeal is directed against the judgment and order dated 04.06.2007 passed by this Division in Civ...... taking over the industrial unit as an abandoned property under P.O.No.16 of 1972 the appellants could not claim the shares of the said company or the industry itself/ the shares of which having been lawfully vested in the Government. The' Bangladeshi shareholders of M/S. Bella Artifitex Industries ..Category: Business or Commercial Law | Date: | Hits: 195
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....hout considering the law and facts has sent back the case on remand to the trial Court for rehearing and thus, committed an error of law resulting in an error in the decision occasioning failure of justice." 6. It appears from the record that Margina Khatun, one of the daughters of Abdul Hakim ......t ascertained. When the exact area of the suit property was not ascertained correctly and discrepancy is bound to appear, when the area of the suit Khatian is 718 sahasra aungsha as per exhibit-1 but according to the report of the Advocate Commissioner the area of the suit Khatian is 709 sahasra aun...... Md. Joynul Abedin J Mostafa Kamal........................................Appellant Vs. Md. Nasir Ahmed and others..................Respondents Judgment May 27, 2008. Case Referred to- 31 DLR (AD) 320. Lawyers Involved: Md. Khalilur Rahman, Advocate instructed by A.S.M. K...... as such, the judgment and order of the High Court Division is erroneous and liable to be set aside. The learned Advocate-on-Record also submitted that the High Court Division without considering the law and facts has sent back the case on remand to the trial Court for rehearing and thus, committe..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....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. ......r any of the decrees or orders of any (Assistant Judge) shall be preferred to the Court of such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly. 13. There is no dispute that the Artha Rin Adalats are presided over by Subordinate ......emo of appeal before this Court on 27.6.91 against the judgment and decree passed the aforesaid Money Suit No.528 of 1991. The Stamp Reporter gave a note dated 20.7.91 and returned the Memo of appeal to Mr. Md. Ozair Farooq, the learned Advocate for the appellant Abul Kalam Azad (defendant No.5). ......ous appeal is 30 days. From the above discussion it is quite clear that the Artha Rin Adalat is not an ordinary Civil Court but a Special Civil Court. 16. The question is whether under the special law i.e. (Artha Rin) Adalat Act a Cross‑objection is maintainable. In this connection it appears t..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ivision feels to exercise its writ jurisdiction there must have been good and sufficient reason to by pass the alternative remedy provided by the statute. The writ jurisdiction is meant for doing justice where it can not be done in any other forum. 8. This Court on repeated occasions argued t......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. ...... ..................................................Petitioners Vs. Md. Enayetur Rahman and others …….........................Respondents Judgment February 28, 2011. Cases Referred to- State of Goa and others Vs. A.M. Jaffar and sons, (1996) 7 SSC 79; S.S. Jain Samiti Vs. Manag......7 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, Panthapath, Tejga..Category: Anti-Corruption Laws | Date: | Hits: 214
....ated on the basis of survey conducted at the shore tanks.
13. It is a clear case where the Courts below have committed an error of law resulting in an error in the decisions occasioning failure of justice and, as such, this Court under its revisional jurisdiction is inclined to interfere with the......ement and certificate cannot be the basis for ascertaining the quantity said to have been delivered by the vessel 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 v......y Bay Shipping (Australia) Ltd and anothers.........Petitioners
Vs.
Lever Brothers Bangladesh Ltd and anothers……............Opposite parties
Judgment
March 3, 2009.
Cases Referred to-
9 BLC 218; BLC 57; 1990 BCR 194; 11 BLC 83.
Lawyers Involved:
Md. Ohiullah, Advocate-F......the shore tanks. He next submits that the Courts below completely misread and non-considered the oral and documentary evidence on record and passed the impugned judgments which are not sustainable in law. He further submits that the vessel, after discharging the entire consignment of the tallow in b..
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. ......ocate Mr. Dolon further submits that the petitioner while posted in his previous Class III post as the Cafeteria Manager of the Academy has been alleged to have committed misappropriation of fund and accordingly a departmental proceeding was initiated against the petitioner when he was promoted to c......ioner Md. Abdul Majid while posted as Assistant Librarian in the বগুড়া পল্লী উন্নয়ন একাডেমি, a Class II post, was discharged from the service by the Director General of the বগুড়া পল্লী উন্নয়ন একাডেমি Challeng......ney of the Academy while he was Class III employee of the Academy discharging his duty as Cafeteria Manager of the Academy. The learned Advocate Mr. Ahmed further argues that the petitioner have been lawfully dealt with in the departmental proceeding as all the requirement of domestic proceeding has..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. ......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. ....... Result: The petition is dismissed. Lawyers Involved: Mohammad A. Aziz, Advocate-on-Record-For the Petitioners. Not represented-For the Respondent. Civil Petition for Special Leave to Appeal No.163 of 1979. Judgment Ruhul Islam J. - This petition for special leave to appeal ......rd appearing for the petitioners submitted that the preemption case has been dismissed by the lower Appellate Court, which has been approved by the High Court Division, on misconception of fact and law. The disputed case holding being appertained to raiyati khatian and situated in the rural area i..Category: Property Law | Date: | Hits: 76
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ...... and upholding the judgment and order of conviction and sentence dated 20.8.1998 passed by the learned Judge, Special Tribunal, Court No.3, Jessore in Special Tribunal Case No.5 of 1998 corresponding to G.R. No.158 of 1987 convicting the appellant under Section 19 A of the Arms Act read with Section......d has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconception of the relevant law convicted the accused appellant under Section 19(A) of the Arms Act. On appeal the High Court Di..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....th those deadly weapons, decamped and within a few hours the victim succumbed to the injuries and the above acts clearly show their common intention of causing death of the victim but however ends of justice will be met if the sentence of death awarded to accused Bara Shahadat, the respondent Jony a......and order 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)166.......…………………….Petitioner Vs. Azharul Islam alias Badal and another………………...Respondents Judgment March 15, 2009. Lawyers Involved: S.M. Abdul Mabin, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner. Nawab Al......ndents along with other accuseds as his assailants and the above dying declaration having been made by the victim on the apprehension of the approaching death has a great degree of sanctity under the law and thus being a substantive evidence and as good as other evidence the above dying declaration ..Category: Criminal Law | Date: | Hits: 56
.... 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.......dul Matin J
Qamruzzaman Shah……………………………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and another…………..Respondents
Judgment
October 20, 2008.
Lawyers Involved:
T.H. Khan, Senior Advocate (with Omar Sadat, Advocate) instr......k to comply with the recommendations of the said Committee of Estimates dated 17.4.2001 should be complied with by the respondents Nos.2 and 3 and that the actions of Agrani Bank are illegal, without lawful authority and in breach of section 9(1) of the said Order whereupon the High Court Division b..
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. ......trict Judge rejected the prayer by his order dated 03.07.1985 mainly on the ground that the contesting defendants admitted the existence of property described in the schedule ‘Ta' of the plaint and accordingly, the prayer for assessment of its valuation was rejected. It appears from the Advocate C......r the Petitioner. Mahbubey Alam Senior Advocate, Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent No.1. None represented-For the Respondent Nos. 2-39. Civil Petition for Leave to Appeal No. 940 of 2008. Judgment Mohammad Fazlul Karim J. - This petition for Leave to Appe......ue of her father who was a renowned businessman of Patenga. 4. Mr. Mihir Kanti Majumder, learned Advocate, appearing for the petitioner submitted that the High Court Division fell into an error of law in making the Rule absolute ignoring the fact that the trial Court considering all the relevant ..Category: Property Law | Date: | Hits: 93
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....rials on the record came to the conclusion illegally in holding that they found no cogent ground to interfere with the judgment and order of acquittal passed by the trial Court occasioning failure of justice. The learned Advocate further submitted that the revision petition upon which the Rule has b......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.......Respondents Judgment August 4, 2008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. None represented-For the Respondents. Criminal Petition for Leave to Appeal No.205 of 2007. Judgment Mohammad Fazlul Karim. - This petition for leave to appeal ......case examined two witnesses. 5. Mr. Md. Aftab Hossain, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division as well as the trial Court committed error of law in not considering the fact of the prosecution case stated in the FIR by the informant of the ca..Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
.... Court excluding the costs awarded and also to deposit the transfer fee to RAJUK. g) Any other or further order or orders, relief or reliefs the plaintiff may be entitled to get in law, equity and justice. 9. Schedule of the land given in the plaint is same as of the notification published in ......dant No.1 (a) to 1(e) with written objection of the plaintiff, RAJUK proforma-defendant No.3 filed written statement. 13. In that written statements some statements have been made by RAJUK which according to me should not be in knowledge of RAJUK as it is matter only relating to the heirs of Sh...... Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejhar Miah Vs. Shaher Banu, 2 BLC AD 20=49 DLR (AD) 85; 4 BLC (AD) 191; 39 DLR (AD) 237; AIR ......ime limit for registration the deed of sale as per agreement and out of consideration money defendant has received Tk.38, 20,000, plaintiff thus constrained to issue a notice on 1-12-2003 through his lawyer upon the principal defendant No.1 requesting him to complete all formalities for registration..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. ......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. ...... J State.............................................Appellant Vs. Shahin and others..…………………………….Condemned-Prisoners Judgment November 2, 2010. Cases Referred to- Sk Shamsur Rahman alias Shamsu Vs. State, 10 BID (AD) 251 = 42 DLR (AD) 200; Md Abul Kashem V......ence 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 doubtful and the trail Court erred in law in convicting the Lebu Miah relying upon the said dying declaration. Mr. Khan further submits th..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....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.......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.......ourt Division (Civil Appellate Jurisdiction) Present: Mohammad Ismail uddin Sarker J Kazi Ebadul Hoque J Shah Alam and others............................Appellants Vs. Masuma Khatoon and others....................Respondent Judgment June 17, 1993. Lawyers Involved: ......e deposition of P.W.5 inconsistent with his earlier statement in his deposition appears to us not to have been correctly recorded. D.W.1 Almat Ali is defendant No.10 and D.W. 3 Sirajul Huq son‑in‑law of Kadam Ali is defendant No.6. He also attested the sale deed executed by Kadam Ali in favour o..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
.... the plaintiff may reasonably apprehend serious injury by the instrument being left outstanding, and (iii) in the circumstances of the case the Court considers it proper to grant relief of preventive justice. Relief as to cancellation of instrument is founded upon administration of protective justic......lly confused as to the nature of the suit the plaintiff was required to file for the relief. The Court of appeal below was of the view that the plaintiff was entitled to a relief under section 31 and accordingly decreed the suit. The High Court Division, on the other hand, is of the opinion that the......ming that he was the owner of the suit land on the basis of f9ur deeds and the Khatian was also prepared in his name. Subsequently, he sold the second schedule land measuring an area of 0028 decimals to the defendants by registered kabala dated 10th December, 1965. Thereafter, the defendants attempt......ntiff is taking a plea of fraud must specifically plead and prove the same. Although 'undue influence', 'fraud', 'misrepresentation' are cognate vices may, in part, overlap in some cases, they are in law distinct categories, and are in view of Order 6 Rule 4 read with Order 6 Rule 2 required to be s..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....er originates from two sources; firstly, is the public acceptance of the authority or pronouncement of the judiciary, and secondly, the source is the integrity of the judiciary. The very existence of justice delivery system depends on the judges who, for the time being, constitute the system. The ju...... the Artha Rin Adalat Ain is explicit. It encourages amicable settlement of the disputes outside the Court. It is the cardinal rule for construction of Act of Parliament that they should be construed according to the intention expressed in the Acts themselves. In construing Acts of Parliament we are...... Sinha J Lt. Col. M. A. Mannan (Retd.)………………Appellant (In both the cases) Vs. Social Investment Bank Ltd. and Others …………Respondent (In Civil Appeal No.48 of 2006) Doctor J. H. Gazi and Others……………………Respondent (In Civil Appeal No.49 of 2006) Judgm......rder of the executing Court. The auction-purchaser, the present appellant contested the writ petitions by filing affidavits-in-opposition contending that the executing Court has committed no error of law in accepting his tender, that there was no compromise between the decree holder and the judgment..Category: Civil Law | Date: | Hits: 90
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. ......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. ......Appellate Jurisdiction) Present: Md. Abu Tariq J Md. Abdul Hye J Shahin Alam............Convict-appellant. Vs. The State.....................Respondent Judgment October 11, 2010. Cases Referred to- Gaziour Rahman Vs. The state, 10 B.C.R at page 236. Lawy......nel, who are interested and not vital. There are discrepancies of evidence and the learned tribunal failed to consider it he contradiction and discrepancies among the witnesses and committed error of law in convicting and sentencing the appellant. The prosecution was not able to prove the case beyon..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
.... The sanctioning authority is placed somewhat in the position of a sentinel at the door of criminal Courts in order that no irresponsible or malicious prosecution can pass the portals of the Court of justice. It is, therefore, essential that persons charged with the responsible duty of granting sanc......ts that, in the facts and circumstances of this case, as stated in the F.I.R and in the charge sheet, the A.C.C. ought to have heard the petitioner, under Rules 8 and 11 of the ACC Rules 2007, before according sanction on the basis of the self-incriminatory statement of Md. Habibur Rahman to ascerta......nt: Md. Shamsul Huda J Md. Rezaul Hasan J Md. Obaidul Kader ............. Petitioner Vs. The State ..................... Opposite party Judgment: May 11, 2011. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 1991 SC 754; Indu Bhushan Chatter......in the charge sheet against the accused petitioner is considered in its entirety and taken to be true the same does not disclose any offence against the petitioner under the aforesaid sections of the law. He next submits that, it has been specifically stated in the F.I.R. as well as in the charge sh..Category: Criminal Law | Date: | Hits: 111
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