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Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....he goods, although his quotation was the highest. 14. The principle of legitimate expectation, arbitrariness in financial dealing by public functionaries and mala fide are neither attracted in the facts and circumstances of the case nor have been argued by the plaintiff-opposite party inasmuch as......¦â€¦â€¦â€¦â€¦â€¦â€¦.Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Petitioner. AKM Mainuddin with Nurul ......for each of the bidders and that being so the plaintiff did not acquire any right upon the actionable goods either as a purchaser or as a successful bidder and that the plaintiff could not adduce any evidence otherwise to controvert this fact. Mr. Haque, then submits that the tenns of the notice for..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....alal Patwari, was a nullity and such decree could not be executed in law. In support, he cited Aminullah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. 12. The facts which are not disputed are that Md. Moshin Khan on 9-5-96 got the preliminary decree on contes...... This Case is also Reported in: 58 DLR (2006) 224....... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Rafique Ullah (Md)………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Cas......re-emptor examined 2 (two) witnesses while contesting pre-emptor No. 3 examined 1 (one) witness in support of their respective cases. The learned Senior Assistant Judge after due consideration of the evidence on record was pleased to allow the pre-emption miscellaneous case No. 12 of 1998 and grante..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
.... 54 where a Division Bench of this Court held that upon execution of a lease deed, a right is created in favour of the lessee which cannot be taken away without issuance of any show cause notice. The facts of the case referred to above is quite distinguishable and has no manner of application in the......Court High Court Division (Civil Revisional Jurisdiction) Present: Zubayer Rahman Chowdhury J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. ...... formed part of the graveyard. It was also stated in the report of the Advocate Commissioner that out of 40 decimals of land allotted to the plaintiff, 28 decimal comprised of a pond and there was no evidence of cultivation of Boro/Aman paddy in the suit land, as claimed by the plaintiff. The trial ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....nder section 115(1) of the Code can entertain revisional application bearing valuation of more than Taka 5 lac, in respect of Orders passed by the Joint District Judges." 3. The background and the facts from which the questions arose are that the petitioner in the revision case instituted a suit ......onal Jurisdiction) Present: Hassan Ameen J Md. Awlad Ali J Bijan Kumar Das J AHM Khurshed Ali & others……………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, ...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Shahjahan…………………………………Condemned-Prisoner. Judgment March 22, 2004. Cases Referred to- KhandokarSaiful Islam Vs. State 50 DLR (AD) 26; Gulahat Khun Vs. State 23 DLR (Pesh) 7; Karim Vs. Stat......secution has examined as many as 19 witnesses in support of the prosecution case and they were also cross-examined by the learned Advocate defending the accused. The trial Court after considering the evidence and materials on record found the accused guilty of the charge leveled against him and conv..Category: Criminal Law | Date: | Hits: 96
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ld not be declared to have been issued in violation of the rules and the action of respondent Nos. 2, 3 and 4 in this respect is illegal and without lawful authority and of no legal effect. 2. The facts necessary for the disposal of the Rule are: The petitioner is the elected member of ward N......esent: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ali Akbar (Md.) ………………………………………………………………..Petitioner Vs. Government of Bangladesh and others……………………………Respondents. Judgment August 13, 2005. Lawyers ......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....sed Mofizur Rahman in the charge-sheet though the investigating officer found nothing against him, the learned Magistrate ought to have considered the papers on record". The questions, whether in the facts of the given case the learned Magistrate is justified in taking cognisance of the offence agai......High Court Division (Criminal Revisional Jurisdiction) Present: SK Sinha J Shamim Hasnain J Ziaul Hoque Chowdhury (Md.)…………………………………Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment A......e Additional Sessions Judge, 3rd Court, Chittagong in Sessions Trial Case No. 1 of 2001 discharging the opposite party No.2 Mofizur Rahman alias Mofizul Azam on the ground that there is no sufficient evidence to proceed against him. Since the petitioner has annexed the statements of all the witnesse..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....ssels MV X-Press Manaslu and MVX-Press Resolve dated 18-12 2005 and for releaseof the same. 2. The suit which has been filed under the admiralty jurisdiction of this Court discloses the following facts: 3. The plaintiff carries on business as a carrier of goods in containers and also acts as ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Plaintiff Vs. MV X-Press Manaslu, MV X-Press Resolve & others………Defendants. Judgment February 6, 2006. Result: The vessels MV X-Press Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A ...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....ordinate Judge did not commit any mistake in granting a decree for specific performance of the contract. 18. Whether or not the learned Subordinate Judge was justified in decreeing the suit in the facts and circumstances of the case and on the evidence on record is the main issue before us. 19...... (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Government of Bangladesh represented by the DC, Comilla………………Appellant Vs. Md. Eakub and others.................................................................Respondents. Judgment ......anting a decree for specific performance of the contract. 18. Whether or not the learned Subordinate Judge was justified in decreeing the suit in the facts and circumstances of the case and on the evidence on record is the main issue before us. 19. The plaintiff instituted the suit for specifi..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
.... the business of the petitioner No.2, Ittefaq Group of Publications Ltd., should not be declared to have been made illegally and without lawful authority and is of no legal effect. 5. The broad facts leading to the issuance of the aforesaid Rules are substantially the same which are shortly st......Reported in: 58 DLR (2006) 117. ......etitions and the pending civil suits interpretation of Article 147(3) is involved. It therefore, appears that the point involved does not require determination of disputed questions of fact by taking evidence. The present writ petitions are therefore, more effective to resolve the point. The writ ju..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....ould not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: On 15-1-1971, petitioner was appointed......riginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Moulana Md. Abdul Kader Azadi……………………………..Petitioner Vs. Government of Bangladesh and others………………………..Respondents. Judgment April 19, 2005. Lawyers Involv......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....hould not be directed to refrain from taking any action or passing any order against the petitioner or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioner was appointed as Assi......(Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Jahangir Hossain Howlader (Md.) …………………………………..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. ...... the Code except under an order of a Magistrate within the purview of section 155(2) of the Code. 3. Where the uncontroversial allegations made in the first information report or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
.... set at naught the impugned order unless it is found that the impugned order suffers from patent illegality. The learned Advocate further submits that the Court below taking a correct view of law and facts rightly rejected the prayer for injunction inasmuch as in the facts and circumstances of the c...... This Case is also Reported in: 58 DLR (2006) 103. ......ty No.1 in their counter affidavit wherein their positive case is that the petitioners have been paid the compensation and possession of the land has already been handed over to the requiring body as evidenced by Annexures 'X' series. In view of 'X' series it is obvious that the prayer for injunctio..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....mitted material irregularity which has affected the ultimate decision. If we are satisfied on this matter, we have power to interfere with the impugned order dated 5-5-2004. 17. On perusal of the facts and circumstances of this case, we find that the plaintiffs as petitioners being aggrieved by ...... Case is also Reported in: 58 DLR (2006) 100.......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... PWs saw the injury on the neck and head of the deceased there is no reason why PW 1 should not have seen the injury on the neck or on the head of the victim. His evidence suffers from suppression of facts and embellishments. No other PWs excepting PW 3 stated about the presence of condemned-prisone...... State Vs. Abul Kalam, 5 BLC 230; State Vs. Eunnus Kha, 5 BLC 253; the State represented by the Solicitor to the Government of the People's Republic of Bangladesh Vs. Md. Shafikul Islam alias Rafique and another, 43 DLR (AD) 92; State Vs. Mofazzal Hossain Pramanik, page 64A. Lawyers Involved: ......r Abdul Mannan as Exhibits 6 and 7 and also inquest report prepared by Abdul Mannan. He further stated that he recorded the statement of the witnesses under section 161, Cr.P.C. and submitted Memo of evidence for submission of charge-sheet which he consulted and taking approval of Superintendent of ..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....t the writ respondent-Appellant compromised the matter in writ petition with the stipulation that it will transfer the shares of the respondent compaÂny to the respondent No.2. Having considered the facts and circumstances of the case and the argument advanced on behalf of both the parties the High...... Government of Bangladesh repreÂsented by Secretary, Ministry of Jute, Secretariat Building, Dhaka..........................................................Appellant Vs. Helal Jute Press Ltd. and others……………..........Respondents Judgment July 21, 2009. Cases Referred To- ......the Appellate Division held that under Article 102 of the Constitution the High Court Division should not decide any question as to title which require investigation into facts and takÂing elaborate evidence. In this context we quote with approval the observation of the High Court Division in the d..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....he property. If he has no interÂest at all it, is not incumbent upon the appelÂlant to impaled him as respondent. Therefore this observation also has no basis at all. 14. On Consideration of the facts and cirÂcumstances of the matter, we find substance in the contention of Mr. Khan that the Hi......1) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......h Court Division is perfectly justified in observing that the judgment is also binding upon her successor. We find no basis in the contention of the learned Counsel. 8. When a judgment is given in evidence, the party against whom it is given in evidence may, in the proceeding in which it is given..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....508-13 of 2010. (From the judgment and order dated 9.7.2009 passed by the High Court Division in Writ Petition Nos. 2560, 4332, 6106, 6185, 6718 and 6719 of 2008.) Judgment SK Sinha J. - The facts and the law points involved in these petitions being identical, they are disposed of by this c......) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21...Category: Employment/Service Law | Date: | Hits: 91
....er and entering into any agreeÂment pursuant to the said decision under the earlier tender No. MWSP-IFT-01/2005, NCT No. MWSP-WTP-01/2005 issued on 04-07-2005 by the writ-respondent No. 5.
2. The facts involved in the case, in short, are that the respondent as the writ-petitioner filed the said ......on
(Civil)
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
Bijan Kumar Das J
MM Hossain J
SK Sinha J
Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others ...................................Appellants
Vs.
EPI-BFEW Consortium & others......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
..
Category: Others | Date: | Hits: 164
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