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State Vs. Amin Huda, 2011, 40 CLC (AD)
....dated the 28th day of the August, 2008 passed by the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008). Judgment Md. Abdul Wahhab Miah J. - These two appeals having identical facts and common questions of law have been heard together and are being disposed of by th......ugust, 2008 passed by the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008). Judgment Md. Abdul Wahhab Miah J. - These two appeals having identical facts and common questions of law have been heard together and are being disposed of by this single judgment. 2. T......28th day of the August, 2008 passed by the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008). Judgment Md. Abdul Wahhab Miah J. - These two appeals having identical facts and common questions of law have been heard together and are being disposed of by this single ..Category: Criminal Law | Date: | Hits: 112
Government of BanglaÂdesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......was refused by the writ respondent No.1 and in the meantime there was correspondences between the writ-respondent Nos.1 and 2 on the one side and writ-respondent Nos.3 and 4 on the other side, on the question of payment of agent's commission as claimed by the writ-petitioner. The Bangladesh Bank adm...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ...... period has been prescribed for filing an application for setting aside an order of dismissal which is also applicable in case of an appeal because of Rule 11 of the Rules as quoted hereinbefore, the question of treating an application for restoration of an appeal as time barred does arise at all. I...... 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,..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......en transferred 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 ......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..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... authority concerned. According to Mr. Huq the passport authority has, in fact, misused their authority revoking the passport of the petitioner and that Articles 27, 32 and 36 of our Constitution are identical with that of Articles 14, 19 and 21 of the Indian Constitution and that of Articles 4,9 an......a Ahsan, Assistant Attorney‑General ‑ For the Respondent No.1. Writ Petition No.196 of 1989. Judgment Mohammad Abdur Rouf J.- The petitioner on 19.2.89 obtained this Rule Nisi calling in question the action taken on 16.10.88 seizing his Passport No. 827638, at Zia International Airport ...... 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..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. .......1 and 2 were further directed to publish the plaintiffs result in SSC Examination, 1981. The said decision was upheld on appeal. The unsuccessful defendants then obtained the present rule calling in question the propriety of the judgment of affirmance. 5. Appearing on behalf of the petitioners, ...... 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..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......laint may be allowed at any stage of the proceedings and the proÂposed amendment would not change the nature and character of the suit, rather it is necessary for the purpose of determining the real question of controÂversy between the parties, but the learned Judges of the High Court Division rej......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..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......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 ..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......by exercising reasonable care have avoided causing damage to the other negligent party. (iii) The above rules apply in Admiralty with regard to collisions between two ships as they apply where the question arises in a common law action. (iv) But if the negligence of both parties to the litigat......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..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... 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. ...... 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. ......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 ..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....982. It is stated that said suits were instituted in the 2nd Court of Subordinate Judge, Dhaka. It is further stated that the parties in both suits are same, the properties described in two suits are identical and points involved for determination in these suits are also materially the same. During ...... Abdus Salam Khan, Advocate‑For the Petitioner. Aftab Hossain, Advocate‑For the opposite Parties. Civil Revision No.417 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule the short question involved is whether the Title Suit No.89 of 1981 and the Title Suit No.342 of 1982 can be h......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..Category: Procedural Law | Date: | Hits: 51
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....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. ......, 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 to abstain from auctioning the property in question. 5. Having received no reply from the Mukti Judda Kallayan Trust, the plaintiff was cons......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..Category: Property Law | Date: | Hits: 389
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......an J.- These two writ petitions are disposed of by this judgment as they arise out of cognizance taken by the Special Tribunals under section 7(b) of the Special Powers Act, 1974 and involve the same questions of law, Both the petitioners were Ministers of the Government of Bangladesh and Members of......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..Category: Criminal Law | Date: | Hits: 88
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: ......peration must be a very major operation, where large number of ribs were broken and as per medical report Haemopneumothorax was caused. At this condition whether the patient could speak it is a vital question. 25. We have already mentioned that the defence categorically gave suggestion to the pro...... 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: ..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ...... "Improvement Scheme" of the Improvement Act. 1953 as they do not enjoin the appellants to maintain the original layout plan and that as no master plan is infringed by the impugned drawing here is no question of estoppel against the appellants in respect of reÂdrawing of lay out plan. This division......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..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......e in the writ petition. But no affidavit-in-opposition was filed which clearly 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 matte......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..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......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..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......he contested in the arbitration proceeding raising some other grounds; but as the award went against the petitioner and became of the Court, he filed the appeal in the High Court Division raising the question of legality of the appointment of sole arbitrator for the first time-which is not acceptabl...... 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€..Category: Alternative Dispute Resolution | Date: | Hits: 182
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....he High Court Division in Contempt Petition No.156 of 2009 and Contempt Petition No.83 of 2009.) Order Syed Mahmud Hossain J. - These two petitions for leave to appeal are directed against two identical judgments and orders both dated 28.02.2010 passed by the High Court Division in Contempt P......s awaiting report of the enquiry commission. The High Court Division rejected the application in absence of the Senior Counsel without giving any adjournment and directed to hand over the property in question. Because of the vacaÂtion of the court and disruption of work owing to recurrent failure o......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..Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......ahbub Hossain, learned Counsel, appearing for the appelÂlant has strenuously submitted that the trial Court and the High Court Division also failed to consider that unless the quantity of heroine in question is ascerÂtained by a report of Chemical Examiner, the conviction under Section 19(1) Table......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..Category: Criminal Law | Date: | Hits: 80
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