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....istan Ordinance and Rules made thereunder and as such the learned Judges of the High Court Division without considering this aspect of the case dismissed the appeal illegally occasioning failure of justice.
21. He further submits that the High Court Division failed to consider the possession of......ighest tender. The authority accepted the plaintiff’s quotation and he was further advised to deposit the tender amount by Bank Draft in favour of Jute Trading Corporation Ltd. Dhaka within 15 days according to the terms of the tender.
7. On 25.5.1981, the plaintiff forwarded a letter addressi......or the Petitioner.
M.K. Rahman, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate -on-Record-For Respondent Nos.1-2.
Not represented-Respondent Nos. 3-5.
Civil Petition for Leave to Appeal No.1093 of 2010.
(From the judgment and order dated 17.02.2010 passed by the High Court......ion. Hence the suit.
12. The plaintiff prayed for declaration that the alleged invitation of tender by defendant Nos. 1 and 2 for selling the schedule property by auction or tender was without any lawful authority and jurisdiction.
13. Pro forma defendant No. 3 contested the suit by filing a w..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....t, or where the approach of the High Court Division is basically wrong, or important and crucial evidence has been overlooked or wrongly appreciated or misread in arriving at the finding leading to injustice, or involves an error of law or relied on inadmissible evidence, or where the finding of fac......gs of possession arrived at by the trial Court and affirmed by the High Court Division are not only perverse but also based upon superficial consideration of the material evidence on record and thus, according to him, it is a fit case to interfere with the findings of fact arrived at by the Courts b......d.) Vs. Mir Abul Ali, 44 DLR (AD) 176; Ramappa Vs. Bojjappa, AIR 1963 SC 1633; Sardar Gurbakhsh Singh Vs. Gurdial Singh and another, AIR 1927 P.C. 230; Siddir Gary PS. Case No. 7(11)/93 corresponding to G.R. Case No.309 of 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructe......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
.... least the vested property cell so that no other citizen should be harassed in the name of law which has already dead.
Let copy of this judgment be sent to the Hon’ble Minister, Ministry of law, justice and parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
...... 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:
......nt:
Sharif Uddin Chaklader J
Md. Nuruzzaman J
Mohammad Hossain and others…………………………………Appellants
Vs.
Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others………………..Respondents
Ju......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)
....rocess to place his case with the definite intent to evade and avoid such process. He is, therefore, and for want of any other overriding evidence to the contrary, to be deduced to be a fugitive from justice. It is also this Court’s deduction from the above that in the present facts and circumstan...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......ue Munshi Vs. State 44 DLR (AD) (1992) 169 Paragraph 9. Lawyers Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawyer. Bhishmadev Chakrabortty, Deputy Attorney General with Atiqul Haque (Salim) Assistant Attorney General and Abu Saleh Md. Fazle Rabbi Kh...... 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: ......ssary). The borrower having made a payment of Taka 1.71 Crore by Pay Order dated 20.3.2006 as adjustment for the loan however failed subsequently to adjust the dues in their entirety. The Petitioner, accordingly, made a demand on the Respondent No.1 vide letter dated 29.11.2006 to make payment under......tijheel Commercial Area, Dhaka, Head Office T.K. Bhaban (14th –16 Floor) Karwan Bazar, Dhaka,……………….Petitioner Vs. Federal Insurance Company Ltd. represented by its Managing Director Chamber Building (2nd Floor) 122-124 Motijheel Commercial Area, Dhaka and another……………......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.......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.......aque, Advocate ‑ Petitioner. No one ‑ For the Opposite Parties. Civil Revision No. 7323 of 1991. Judgment AM Mahmudur Rahman J.- This rule is against an order allowing an application to withdraw the suit. The order is dated 26.5.1991. 2. Mr. Md. Fazlul Haque, submits that the ord......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)
....it appears that it is necessary to avoid future complication. In the result, I find that the learned Assistant Judge committed an error in law resulting an error in the decision causing failure of justice by refusing the prayer for local inspection. Therefore, the Rule is made absolute without co......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......cal inspection was rejected by the court. 2. The present petitioner as plaintiff filed that application for declaration that the Heba-bil-ewaz deed dated 24.5.86 as shown in the schedule “Kha” to the plaint executed by plaintiff petitioner's mother OP No.2 in favour of OP No.1, another lady b......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.......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....... Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
Government of the People's Republic of Bangladesh represented by the Land Acquisition Collector, Dhaka, Police Station Kotwali in the City of Dhaka...........Petitioner
Vs.
Subordinat......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
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......sh, Dhaka...........................Respondents
Judgment
November 18, 1991.
Lawyers Involved:
MI Farooqui with M Saleemullah, Advocates - For the Petitioner.
Fakhrul Islam, Assistant Attorney General‑ For the Respondents.
Writ Petition No. 704 of 1989.
Judgment
Mainur Reza ......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)
....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ......by this decision contained in the impugned memo the annexure-G the petitioners filed the above mentioned writ petition contending, inter alia, that their service was regularized in the revenue budget according to “উন্নয়ন প্রকল্প হইতে রাজস্ব বাজ......ivision (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Atomic Energy Commission (BAEC)…………….......Petitioner Vs. Md. Al-Amin Sarker and othe...... 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)
.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ...... High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Trade Channel……………….Petitioner Vs. Collector of Customs, Customs House Chittagong and others……..........Respondents Judgment Augu......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
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....said party by filing the money suit before a competent court of jurisdiction and the title of the said property being disputed and claimed in a suit the said suit ought to have been heard for ends of justice and that Money Suit need be disposed of first otherwise the suit would be infructuous and if...... former President Mr. HM Ershad being Col. Atiqur Rahman and others and the members of the said committee also included Mr. Mustafizur Rahman, a businessman and relation of the former President, and, according to the prosecution, he represented HM Ershad at that time in identifying his personal belo......dhury J Abdul Karim J Hussain Mohammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. St......haban Store a lot of properties received by the President as gifts have been found and those the President had converted to his own house without depositing it to the Toshakhana as required under the law and thereby obtained pecuniary benefit not allowed by law and hence the charge sheet under secti..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......n Criminal Motion No.65/III/89 under sections 435/436 of the Code of Criminal Procedure by which the order dated 28.8.89 passed by the Upazila Magistrate, Baniachong in GR Case No.30 of 1988 refusing to take cognizance of the offence under sections 147/148/302/427 and other sections of the Penal Cod......illegally and without jurisdiction in passing the order setting aside the order of the learned Magistrate and such order of the learned Sessions Judge being directory in nature cannot be sustained in law. With regard to the order of the learned Magistrate, we are of the opinion that though the term ..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....In the case of Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, reported in 40 DLR (AD) 170 it has been held by the Appellate Division that the principle of natural justice is to be observed in the matter of exercising the power of cancellation of the licences of g......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......r……………Petitioners Vs. Secretary, Ministry of Home Affairs and others.............Respondents Judgment January 16, 1991. Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (A...... order dated 23.8.1987 passed by the District Magistrate, Madaripur cancelling the gun licences No.20 and 9/84 of the petitioners, Rezaul Karim Talukdar and Golam Gaffar is declared to be without any lawful authority and of no legal effect. Hence the impugned notice (Annexure ‘H’ and H-1)both da..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......the Managing Director of the Company on receipt of the receipt. The Company showed allotment of 1000 shares in favour of the complainant in the meeting of the Board of the Company held on 31.3.80 and accordingly submitted return to the Registrar of the Company. The accused persons, however, did not ......t the opposite party No.1 Makbul Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate against the five petitioners and two others stating that the accused persons are the directors of M/s. Nahar Shipping Lines Ltd., a Public Ltd. Company with registered Head Office at Red Cro......tificates of the complainant were not made ready within 3 months. Once the share certificates are completed and made ready within time, the liability of the accused persons, in our opinion, ends. The law does not provide that after the direction of the Court they are to make the share certificates a..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....continues to urge that this aspect of the matter escaped the notice of the 1st appellate Court and thereby the Court committed error in law which resulted in erroneous decision occasioning failure of justice. 9. In reply to this contention, Mr. Mansur Habib, the learned Advocate appearing for the......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......he learned Subordinate Judge, Joypurhat, in Misc. Appeal No.9 of 1984 affirming the Judgment and order dated 28.2.83 passed by Munsif, Joypurhat, in Misc. Case No.144 of 1978. 2. Facts giving rise to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the ......his fact the pre‑emption case must fail. The learned Advocate continues to urge that this aspect of the matter escaped the notice of the 1st appellate Court and thereby the Court committed error in law which resulted in erroneous decision occasioning failure of justice. 9. In reply to this cont..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....ence and we have no hesitation to hold that he has committed contempt under the Contempt of Courts Act. The authority of the Court has been undermined and k public confidence in the administration of justice shaken. This cannot be allowed. 16. We now come to the question of sentence for committin......hat the Assistant Judge intentionally disobeyed the Court's order. The conduct on the part of Oe Assistant Judge amounts to contempt of Court. We are convinced that he had no genuine intention to act according to this Court's order and this has brought the authority of this Court into disrespect of ......: D M Ansaruddin Ahmed J Abdul Hasib J Ayub Ali Mohaldar ............Petitioner Vs. Md. Shahjahan and others..........Opposite Parties Judgment August 14, 1990. Case Referred to- AIR 1961, Supreme Court, at page 1367. Lawyers Involved: Md. Abdur Rahim ‑ For the Pe......t is on record of the Assistant Judge that this application did reach his office in the afternoon of 9.4.89. Again on 10.4.89 at 9 ‑30 XM another application was filed by the petitioner through his lawyer Mr. Arun Kumar Bhattacharjee and in that petition also the fact of issuance of rule and stay ..Category: Criminal Law | Date: | Hits: 84
....e was not justified in reversing the decision of the learned trial Court and in doing so, the learned District Judge committed an error of law resulting in an error of decision occasioning failure of justice.
10. A perusal of the judgment of the learned trial Court shows that the learned trial Co......e contents of the Bainanama simply on the grounds that in their evidence the plaintiffs did not specifically deny the averments made by the defendant Nos.1 and 2 in the written statement and as such, according to him, the contention made by the defendant Nos.1 and 2 was unchallenged. It appears that......nj on 27.8.82 in Title Suit No.71 of 1981.
2. The Suit before the learned trial Court was for specific performance of contract.
3. The case of the plaintiffs was that the disputed land belonged to defendant Nos.1 and 2 and they contracted to sell the disputed land to the plaintiffs for a consi......al Court as to the alleged contract the learned District Judge was not justified in reversing the decision of the learned trial Court and in doing so, the learned District Judge committed an error of law resulting in an error of decision occasioning failure of justice.
10. A perusal of the judgme..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... well as of fact involve as in the present case and framing and disposal of issues of law alone causes serious prejudice to the other side, such framing of issues cannot be ordered in the interest of justice. Mr. Khandker argues that in view of provision of Rule 3 of Order 15, all the issues relatin......issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such issues, pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only or for the final ......nt: Qazi Shafiuddin J Naresh Lal Saha and others.…………..Petitioners Vs. Bhupati Mohan Roy and others …………Opposite Parties Judgment February 13, 1990. Case Referred to- Fazlur Rahman Vs. Rajab Ali 30 DLR (SC) 30. Lawyers Involved: Moksudur Rahman with QA S......e of the suit, these petitioners filed an application under Order 14 rule 2 and Order 15 rule 3 of the Code of Civil Procedure for disposing of the said Misc. Case by framing the preliminary issue on law point alone. That on hearing, the learned District Judge rejected the application and hence this..Category: Procedural Law | Date: | Hits: 62
....tory judgment such as is required by law.
6. In my opinion the judgment of the lower appellate Court is a slipshod judgment and the Judge has committed an error of procedure occasioning failure of justice. Accordingly. I set aside the judgment and decree passed by Subordinate Judge and Commercial...... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94....... alias Md Abdus Subahan and another ...........Petitioner
Vs.
Abdul Maleque and others ............................................Opposite Parties
Judgment
May 16, 1991.
Case Referred to-
Mst. Bibi Saleha Vs. Antu Ram and another AIR 1918 Pat.543.
Lawyers Involved:
Bazlur Ra......n in the case of Mst. Bibi Saleha Vs. Antu Ram and another, reported in AIR 1918 Patna at page 543, wherein it has been held that where a Court of appeal reverses the decision of a primary Court, the law imposes upon the Court of appeal an imperative duty and obligation of giving an adequate and sat..
Category: Property Law | Date: | Hits: 72
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