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....h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......nd possession in the suit land. In view of such findings of fact, we find no substance in the submission of Mr. Bivash Chandra Biswas, learned Advocate-on-Record that the High Court Division erred in law in not interfering with the concurrent findings of fact arrived at by the Courts below.
Thi..
Category: Property Law | Date: | Hits: 68
State Vs. Sabu and others, 2009, 38 CLC (AD)
.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......01, one Sabu entered the room of Jobeda Khatun allegedly for immoral purpose but on being apprehended he fled away. At that time, many a people gathered there and the victim threatened his brother-in-law Biddyut for going there and said that he is enough to punish Sabu for the occurrence. On the nex..Category: Criminal Law | Date: | Hits: 71
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......vision Bench of the High Court Division enlarged him on bail. 5. Mr. Momtazuddin Fakir, learned Additional Attorney General, appearing for the state submitted that the High Court Division erred in law in enlarging the accused respondent on bail who made a confessional statement which is inculpato..Category: Criminal Law | Date: | Hits: 98
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....d in the failure of justice. 10. Mr. Mokhlesur Rahman, the learned Advocate finally submits that the Court of appeal below rightly ignored the sole finding of the trial Court inasmuch as under the provision of section 359 of the Mohammedan Law and section 27 of the Guardian and Wards Act the fath......ters, (2) the plaintiff adduced one witness namely P.W 2, Nayeb Ali to prove baina patra which was not sufficient evidence to prove the baina patra (Ext.1) in question was executed in accordance with law. 7. Being aggrieved by the aforesaid judgment and decree dated 24-8-2009 (decree signed on 30..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....Samad, Senior Advocate—For the Respondent No.1. Arbitration Application No.1 of 2007 and No. 4 of 2008. Judgment Syed Refaat Ahmed J.- These two Applications filed separately under various provisions of the Arbitration Act, 2001 ("the Act") are predicated upon the same facts reflecting, h......are in general rather reluctant to interfere with payments against performance guarantees which are furnished to secure commercial transactions and that this is predicated on the settled principle of law that no prohibitive order can be passed by the Courts to interfere either with normal banking tr..Category: Alternative Dispute Resolution | Date: | Hits: 172
....he Artho Rin Adalat Ain,2003, on the ground that the time frame of 15 (fifteen) days as stipulated in Section 33(1) had not been complied with.
3. The High Court Division on consideration of the provision of the time frame of 15 (fifteen) days contained in Section 33(1), held that the date of p......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ..
Category: Procedural Law | Date: | Hits: 76
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......red by limitation. 4. Mr. Mahbubey Alam, learned counsel appearing for the petitioners contended that since the suit is for possession followed by dispossession, the High Court Division erred in law in decreeing the suit without any finding of plaintiffs possession followed by dispossession. ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......son for not filing the appeal within the statutory period of time. This being a discretionary power, this Division is slow to interfere with such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is a..Category: Administrative Law | Date: | Hits: 206
....maintainable. Against the aforesaid order of the Taxes Settlement Commission, the appellant preferred the aforesaid writ petition on the ground that the Taxes Settlement Commission misconstrued the provision of Section 152D(2)(a) of the Income Tax Ordinance, 1984 and that it acted arbitrarily an......oresaid writ petition on the ground that the Taxes Settlement Commission misconstrued the provision of Section 152D(2)(a) of the Income Tax Ordinance, 1984 and that it acted arbitrarily and without lawful authority in rejecting the settlement application. But the High Court summarily rejected the ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....ice of the Republic, that an administrative executive is always at the beck and call of the political executives but a judicial officer is independent in the discharge of his functions subject to the provisions of the constitution as postulated by Article 116A, that the Chiefs of Defence Services ar...... shall enjoy a higher rank and status or position than other services of the Republic. The terms and conditions of services of the constitutional functionaries are regulated and determined by special laws, and not by rules, as mandated by Article 147 of the Constitution. The attempt of the petitione..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
...., or where the finding of fact arrived at without taking into Consideration the relevant oral and documentary evidence, or where conclusions arrived at by the High Court Division by misconstruing a provision of law, or where the High Court Division being the final Court of fact disregarded the pri......rom the date of its execution and since the defendant's deed was executed prior in point of time it would take effect earlier than that of the plaintiff but the learned Judges on a misconception of law failed to consider that aspect of the matter. 7. There is no dispute that the defendant had e..Category: Procedural Law | Date: | Hits: 76
.... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
......hat the suit property as enemy property.
13. Mr. Delwar Hossain, learned Advocate, for the appellant canvassed only one ground that is the suit property can not be treated as enemy property as the law under which the property has been enlisted and vested in the government already been deed natura..
Category: Property Law | Date: | Hits: 66
State Vs. Kazol, 2011, 40 CLC (HCD)
.... death as pronounced and handed down by the learned District and Sessions Judge, Druto Bichar Tribunal-2 (“Tribunal”), Dhaka in Druto Bichar Case No.10 of 2005. This has necessarily attracted the provisions of Section 374 of the Code of Criminal Procedure (“the Code”) requiring such sentence...... 164-statements read with circumstantial evidence, which in turn establishes the motive in its view for Taposh’s death, is actually based on doubt and speculation and, therefore, not sustainable in law. 10. It is here that this Court has considered the detailed submissions of the learned Deput..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......ckdrop that the Petitioner served a notice dated 17.3.2008 upon the Respondent No.1 under Sections 241(v) and 242 of the Act. This elicited a response from the Respondent No.1 on 9.4.2008 through its lawyer. The relevant portion of which is reproduced herein below: “It is also worth mentioning ..Category: Company Law | Date: | Hits: 203
Pradip Kumar Malakar Vs. Birendra Chandra Malakar and others, 1993, 22 CLC (HCD)
....trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422.......sed the impugned order after remand of the suit by the lower appellate Court to consider the application for withdrawal of the suit. In my opinion the lower appellate Court committed serious error of law in so directing after the suit was already decreed by the trial Court. On merit the impugned ord..Category: Procedural Law | Date: | Hits: 72
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....t the matter is to be proved by oral and documentary evidence and there was no necessity for local inspection. Thereafter, the plaintiff petitioner filed another application on 29.3.90 under the same provision of law for review of the earlier order which was also rejected by order dated 28.3.90 by t......is to be proved by oral and documentary evidence and there was no necessity for local inspection. Thereafter, the plaintiff petitioner filed another application on 29.3.90 under the same provision of law for review of the earlier order which was also rejected by order dated 28.3.90 by the presiding ..Category: Property Law | Date: | Hits: 80
....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......he representatives of the deceased, even when the suit is instituted bona fide and in ignorance of the death of the defendant."
5. In view of the above decisions and also the patent position of law the substitution of the deceased respondent No.2 made by this Court upon the prayer of the resp..
Category: Alternative Dispute Resolution | Date: | Hits: 213
....ssee and as such he is not entitled to any relief.
8. Before we consider the submission made by the learned Advocates for the petitioner and the respondents it is necessary to examine the relevant provisions of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 o......ka" and Judgment and order dated 26.4.1989 (Annexure‑H) passed by the Court of Settlement in Case Nos. 564 and 575 of 1987 (Ka‑57, Gulshan, Dhaka) should not be declared to have been made without lawful authority and to be of no legal effect.
2. The case of the petitioners as follows:
That..
Category: Property Law | Date: | Hits: 86
Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....der dated 8.10.2007 with effect from the day following the date of completion of the case project i.e. from 1.7.2000, rightly but subsequently the respondent Nos. 3 and 4, on misinterpretation of the provision of rule 5(1) of the Rules of 2005, decided to give effect to the seniority of the petition...... dated 2.9.2009 issued by the Bangladesh Atomic Energy Commission (hereinafter referred to as BAEC) under the signature of the respondent Nos. 3 and 4 (the annexure G to the writ petition) without lawful authority and of no legal effect. 3. The respondents 1 to 3 in this leave petition filed..Category: Employment/Service Law | Date: | Hits: 81
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
....l of Entry Annexure‑F assessed and taken away paying on 18.7.90 and bill of Entry Annexure‑I assessed on 31.5.90, but not yet paid) because the petitioner has not at all attempted to avail of the provisions of appeal and revision as provided in the Customs Act, 1969 specially when the consigned ......y the assessment orders Annexures F, I, I(i), I(ii) and l(iii) customs duties, income tax, other taxes fee, surcharge levied (already paid by petitioner) should not be declared to be illegal, without lawful authority and of no legal effect and the respondents should not be directed to release the go..Category: Fiscal/Taxation Law | Date: | Hits: 131
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