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Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ing, inter alia, that the dispute in the writ petition involves questions relating to a commercial transaction in respect of which a writ petition is not maintainable; infringement of any fundamental right, as alleged, is not involved in the present case and, as such, the writ petition is also not m......8-1998 issued by the appellant withdrawing the letter of intent dated 3-8-1998. 2. The respondent No.1 filed the above writ petition stating that the appellant floated a tender inviting proposals for supply, installation and maintenance of 100 sets of 160 KVA diesel generators for maintaining un......ring negotiation with one bidder results in discriminatory treatment to the other bidders and, as such, the respondent No.3, which is the controlling Ministry having the power of supervision of the affairs of the appellant, directed the appellant to withdraw the letter of intent and to invite fresh ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ....... Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1910 of 2002) Judgment: Md......ent in the Shipping Department and as per his qualification he was appointed in Grade-II. The writ petition was filed contending that the amendment in the Recruitment Rules of 1980 in 1986 was not fair. We have held that this contention of the writ-petitioner has no merit since the amendment was......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....deed of gift/Nadabipatra in favour of Dorajuddin in respect of 76 decimals of land and then on 15-1-1995 Amir Hossain and his mother sold 0.80 acres to Dorajuddin and though the defendants have no right, title, interest and possession in the suit land they on 30-5-1997 threatened to dispossess t...... Lawyers Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1394 of 2003. (From the judgment and order dated 24th June, 2003 pa......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......obtained Rule in Civil Revision No. 28 of 2001 and as stated earlier the High Court Division, after hearing, discharged the Rule. 5. The learned Counsel for the petitioner submitted that the trial Court as well as the appellate Court though concurrently found that the defendants are in par..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....ge who heard the appeals has dismissed both the Second Appeals on the view that the Court of the Subordinate Judge had come to a correct finding as to the disputed contract for permanent lease and rightly construed the provision of section 75A of the East Bengal State Acquisition and Tenanc......enior Advocate, with Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.—For the Petitioner. Not represented—Respondents Civil Petition for special leave to appeal No.160 of 1977 (From the Judgment dated the 31st August, ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......lding which had been duly implemented. The plaintiff's suit was dismissed on the basis of the said finding. 4. On appeal, the learned Subordinate Judge modified the decree of the trial Court on the finding that there had been, as a matter of fact a contract for lease of the ent..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....he house of PW 17 Abdul Bari Chowdhury, really saw the occurrence, but as there was positive threat of his life by the assailants and as he saw this gruesome murder of Zafar Ahmed himself, he was so frightened and nervous that he could not pluck courage to name the assailants in the daytime and till...... Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring incon......mains unshaken in cross-examination. His demeanour has impressed the trial Court and the supporting witnesses have also deposed in a straightforward manner. The defence case that Zafar had a love affair with Lucky, a daughter of PW 17 and that it is PW 17 who caused the murder of Zafar, has not ......ntradict the witness, whereas the prosecution may use it to corroborate him when he gives evidence in Court…………………………(16) Ordinarily in the matter of assessment of evidence the trial Court's view is given great weight and when its finding is accepted as correct on re-assessmen..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....nceived. The above-cited case was decided on the footing that the case which was stopped was a pending case when Ordinance No. XXXVII of 1983 came into effect on 8.8.83 and, therefore, the Government rightly moved the Sessions Judge on 9.11.83 for revival of the stopped case. The accused-appellant......-known concept of criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped and accused ......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......e, 1898 (V of 1898), sections 249, 339C (4) & 403 Words & Phrases It appears to the court that section 339C was enacted in order to inject a spirit of utmost expedition, speed and urgency in the trial of criminal cases, but it does not appear from the language used in section 339C that it was t..Category: Criminal Law | Date: | Hits: 46
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....of plaintiff Nos. 2-4, that RS and SA record as regard the land in suit was wrongly prepared in the name of the defendant No.1 respondent No. 5 and that the said wrong preparation of record of right became known to the plaintiffs in Baisakh, 1391 BS, that taking advantage of the wrong recor......ers in favour of defendant Nos. 2 and 3 are illegal and void. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'ka' attached to the plaint and for declaring 4 kabalas described in schedule 'Kha' illegal, fabricated, forged, void, collusive an......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......n suit. 5. On consideration of the evidence, both oral and documentary, particularly Exhibits 1 and 2 (sale certificate and certificate relating to delivery of possession respectively) trial Court decreed the suit. The Court of first instance disbelieved Exhibit Uma, (information sli..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....of 1975 without serving notice and upon practicing fraud on the Court, that plaintiffs at no point of time got possession of the property in suit. 4. The trial Court decreed the suit declaring the right, title and possession of the plaintiffs and also declared illegal and void the order treating ......volved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......ined the decree in Other Class Suit No. 50 of 1975 without serving notice and upon practicing fraud on the Court, that plaintiffs at no point of time got possession of the property in suit. 4. The trial Court decreed the suit declaring the right, title and possession of the plaintiffs and also de..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
.... passed on 28-4-1993 and thus decree became infructuous and non-enforceable after lapse of 3 years and the suit (Other Suit No. 136 of 1996) having been filed on September 10, 1996 the trial Court rightly found that the decree that was passed on April 28, 1993 became ineffective in view of Artic......36 of 1996 was filed seeking the relief primarily: Bangla………….. 4. It may be mentioned that respondent Nos. 1 and 2 herein filed Other Suit No. 26 of 1990 before the 1st Court of Subordinate Judge, Chittagong and the same was later on renumbered as Other ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... 60 days and in default of the appellant in making the payment as directed above this appeal shall stand dismissed. There shall be no order as to costs". The decree passed by the trial Court was to the effect: Bangla………….. 3. The Other S..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n collusion with others filed criminal cases against the plaintiff but he was acquitted, that defendant No.2 filed Title Suit No. 170 of 1980 claiming easement right over the suit laud but the same was dismissed for default, that Bipin Chandra filed Title Sui......nbsp; against the plaintiff but he was acquitted, that defendant No.2 filed Title Suit No. 170 of 1980 claiming easement right over the suit laud but the same was dismissed for default, that Bipin Chandra filed Title Suit No. 428 of 1979 impleading the plaintiff but late......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......e), Rangpur and the said defendant by the order dated June 30, 1983 quite legally cancelled the mutation earlier made in the name of the plaintiff in respect of the land in suit. 5. The trial Court dismissed the suit on the findings that the suit is not bad for defect of party, that ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....the allegations that the suit land was originally the khas land of Bhawal Raj Court of Wards Estate, which settled the same in 1344 B.S. with some of the plaintiffs processors and others in raiyati right, that, dining the survey operation under the State Acquisition and Tenancy Act the suit land......sion, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent for amendment of the additional written statement filed by the said respondent in a suit instituted......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......ate Judge in exercise of its power under section 115 of the Code. 8. Mr. Akram Hossain Amin, learned Counsel appearing for the appellants, has contended that the power of amendment which the trial Judge possesses under order 6, rule 17 of the Code is discretionary and that the learned Sub..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....e application for transfer before the Government. 5. Mr. Syed Ishtiaq Ahmed, learned Counsel for the appellant contended that section 28 of the Local Government Ordinance, 1976 has conferred right upon the appellant to move application for transfer before the Government at any stage of the...... Judgment Mahmud Husain, CJ— This appeal by Special leave arises out of a judgment passed by a Bench of the High Court in writ jurisdiction summarily rejecting the petition filed for declaring the order dated 9 5-77 passed in Election Tribunal Case No. 6 of 1977 by respond......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......or the appellant contended that section 28 of the Local Government Ordinance, 1976 has conferred right upon the appellant to move application for transfer before the Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, the learned Judge o..Category: Election Law | Date: | Hits: 122
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
.... for the respondent No.2, on the other hand, contended that the High Court Division having applied judicial mind in consideration of the provision of the 540 of the Code of Criminal Procedure rightly passed the impugned order and there is no illegality or legal infirmity for in......on-Record-For the Petitioners. Mansur Habib, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passe......erred to the provision of Section 540 of the Code of Criminal Procedure and argued that the said provision gives wide power to the trial Court to recall witnesses for ends of justice and for fair trial in the event of refusal of recall of witnesses by the trial Court, the accused pet......ted charge-sheet against 15 accused-persons including the leave-petitioners under Section 120B/302/34 of the Penal Code. In due course, the case sent to the learned Sessions Judge, Pabna for trial, who thereafter transferred the same to the learned Judge, Druto Bichar Tribunal, Rajsha..Category: Criminal Law | Date: | Hits: 41
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....fore the learned Assistant Judge, Bhaluka for permanent injunction against the defendant petitioners stating, inter-alia, that the suit property belonged to Abdul Wahed Mridha in Rayoti Jote right and he possessed the same as such and the property was accordingly recorded in ROR and that h.......S.M. Shafiullah, Advocate with him) instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented—For the Respondent Nos. 2 &3. Civil Petition for Leave to Appeal No. 196 of 2005 (From the judgment and Order dated 20.04.2004 passed by...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......ea that the land belonged to forest department and being afraid of forceful dispossession they fleet constrained to institute the suit. The suit was contested by the defendant petitioners. The trial court decreed the suit on 30.11.1991. 3. Being aggrieved the defendant petitioners pr..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......tiff petitioner preferred Title Appeal No. 187 of 2001 before the learned District Judge, Munshigonj who allowed the appeal by judgment and decree dated 02.02. 2003 reversing those of the trial court and thus decreed the suit. The respondent Nos.1 and 2 moved the High Court Division in..Category: Property Law | Date: | Hits: 37
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......smissed. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General instructed by B. Hossain Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.152 of 2003 (From the Judgment and Order dated 27.08.2002 passed by the Hi......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......ction 101 of the Railways Act and after investigation charge sheet was submitted against the two respondents and others including Syed Jahangir Alam and Md. Alamgir Hossain. The case being sent for trial the learned Additional Sessions Judge, First Court, Jessore tried the case and by the judgment..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....rrect, that the whole transaction between the defendant No.1 and defendant No.2 and 3 is a camouflage transaction for some evil design and for the sole purpose of defeating the plaintiffs right of preemption. The plaintiff, as claimed, said to have come to know about the transactio......of the land said to have been received from the defendant Nos.2 and 3 is not correct, that the whole transaction between the defendant No.1 and defendant No.2 and 3 is a camouflage transaction for some evil design and for the sole purpose of defeating the plaintiffs right of preemp...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... of last Union Parishad Election there was misunderstanding between the defendant No.1 and the plaintiff and because of that plaintiff has filed the suit making incorrect statements. 4. The trial Court though held that the suit is not barred by limitation and the same is not bad for defec..Category: Property Law | Date: | Hits: 38
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....foresaid 19 decimals of land was recorded in R.S. plot No.1880 and 1886 comprising .2487 acre and .0500 acre respectively, in total .2987 acre, and taking advantage of the said wrong record of right the defendant in collusion with Lalona Bala Biswas created deed in respect of 10 decimal......and the said defendant No.2 settled the said 19 decimals of land to his son Ranjit Kumar Biswas and said Ranjit Kumar Biswas sold 19 decimals of land to the plaintiff, that during R.S. record the aforesaid 19 decimals of land was recorded in R.S. plot No.1880 and 1886 comprising .2487 acre and .......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......als of land and while defendant was in possession of the said land plaintiff upon making incorrect statements filed the suit, that the suit of the plaintiff is liable to be dismissed. 4. The trial Court dismissed the suit on the finding that plaintiff did not prove her document on the..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......uhul Amin J Jobeda Bewa & others ..........Appellants Vs Md. Abdur Razzaque ............Respondent Judgment October 19, 2006 Lawyers Involved: Lutfor Rahman Mondal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......laintiff. After the death of Laibot Pramanik the defendants became the owners as his heirs in the suit land and they have been possessing the suit land. So the suit is liable to fail. 4. The trial court dismissed the suit. On appeal being Title Appeal No. 193 of 1991 the appellate cou..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....n suit and possessed the same, that after death of Zamiruddin the defendants got the land in suit by amicable settlement amongst the heirs and are possessing the land in suit, that plaintiff has no right, title and interest and possession in the land in suit, that the plaintiff has filed the sui......ight in the land in suit was not affected, that there is no dispute that plaintiff is the daughter of Taleb Hossain and that defendant's contention that Tableb Hossain's father Awlad Hossain died before her mother Zeon Bibi has not been established and as such plaintiff has right, title and inte......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......iff has no right, title and interest and possession in the land in suit, that the plaintiff has filed the suit making untrue statements and as such the same is liable to be dismissed. 4. The trial Court decreed the suit on the findings that the suit is maintainable and not barred by l..Category: Property Law | Date: | Hits: 25
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