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Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......nd lawful. The High Court Division rejected the claim of the petitioner that the consignment imported by the petitioner was Dunpeas (whole). 3. This Division dismissed the civil petition upholding the judgment and order of the High Court Division holding that the petitioner did not at al..Category: Business or Commercial Law | Date: | Hits: 88
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....of the nature of ad interim injunction or temporary injunction. The position of law is that an order of ad interim injunction is appealable like that of an order of temporary injunction. 6. The undisputed position is that the order of status quo was passed by the trial Court upon an application ......before the learned District Judge and that being not done, there was no scope for converting the revisional application into a first miscellaneous appeal. The High Court Division was quite correct in holding that the revisional application was not maintainable as because the order impugned in the re..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ovocation caused the death of the victim. In the afore state of the matter it was submitted by the learned Counsel that although death is an undenied fact and the fact of death of the victim is not disputed by the condemned prisoner, but as the same was caused having had lost the power of self-c......dence. If aforesaid evidence are pieced together in the facts and circumstances of the case, there would be no exception from the conclusion that attempt was first made to suffocate Mammy, holding her firmly and powerfully from above her body (see injury No. 2, No. 3 and No. 4), which sh..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......and order of the High Court Division he has submitted that the High Court Division committed an error in decreeing the suits only taking into consideration the long possession of the plaintiff and holding that the plaintiff acquired title by adverse possession. He has pointed out that the plaint..Category: Property Law | Date: | Hits: 51
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......ty to cross-examine the witnesses in violation of the provisions of rule 10(1)(2)(3) and (4) of the Government Servant (Discipline and Appeal) Rules 1985, completed the inquiry and submitted report holding the respondent guilty of the charge, then second show cause notice was issued without supp..Category: Administrative Law | Date: | Hits: 113
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....the students of Madrasah; that the defendant Nos. 1-3 (petitioners and respondent Nos. 16-17 herein) have been trying to construct and start a cinema hall within the vicinity of the locality of the disputed plot and are trying to obtain a licence from the Deputy Commissioner. Kishoreganj for runn......stablishment of a cinema hall in the suit plot; that thereafter the Deputy Commissioner, respondent No. 15, sent the matter for enquiry and report to the Upazila Nirbahi Officer, Bajitpur who after holding enquiry submitted report and then the Deputy Commissioner, Kishoreganj being satisfied iss..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....Mr Fida M Kamal, the learned Additional Attorney-General for the respondents and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 6. It is undisputed that the appellant was appointed as project director by order of the President of the Repu......dent but his approval was not obtained before discharging her from service. 3. The learned Member of the Administrative Tribunal by his judgment and order dated 27-5-1999 allowed the case holding that the discharge of the appellant from service by respondent No. 2, a Deputy Secretary of..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
...., has explained that by the observation as to denial of execution the learned Judges meant that at the time of examination of these three witnesses, the questioned signatures and LTI's in the three disputed Sale‑deeds were not put up before them so as to enable them to deny their purported ......eed No. 3577, where Nagendra and Narayan are the purported executants. Fingerprint Expert's opinion about only Narayan's questioned LTIs. along with oral evidence of denial by him is the basis for holding the document to be forged. Of these three Sale‑Deeds, the Sale‑deed No. 3576 co..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....th the Fundamental principles that cannot be challenged in court; they contended that the impugned (Repeal) Ordinance is not inconsistent with Articles 9 and 11. As to Articles 59 and 60, which are undisputedly enforceable judicially, Respondent's contention was that provisions of these two Articles......r rendering assistance to the Police of the Thana by giving information about the crime condition of the village. For paying choukidars' salaries the Village panchayet was given power to levy tax on 'holdings' in the village and for construction of roads and bridges, maintenance of communication and..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....erned to the Registry Office and other circumstances which were not properly explained by the prosecution, observed that Ext. 5 could not be taken to be the final answer to the question whether the disputed cases were at all filed. It was noticed that from the information sheet supplied by the M......at the evidence adduced in the case was utterly inadequate. 4. Mr. Fazlul Karim, learned Advocate for the petitioner, has submitted that the respondents have been wrongly acquitted upon erroneously holding that the evidence was not adequate. He also submitted that if further evidence was needed ..Category: Criminal Law | Date: | Hits: 61
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......r Article 52 of the Dhaka University Order, 1973 (PO No. 11 of 1973) is not efficacious, speedy and effective, that the writ petitions are maintainable and then decided the matter on merit as well as holding that the principle of natural justice was violated in this case. The learned judges, therefo..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......dge and the impugned award. The awardee has preferred this appeal by leave therefrom. 2. Leave was granted to consider the appellant's submission as to whether the High Court Division erred in holding that the Arbitrator misconducted himself in considering the proceedings of the 87th meeting ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......d to the question as to whether the case is a fit one for appeal to this Division. Beginning with the case of Kazi Muklesur Rahman vs. Bangladesh, 26 DLR (SC) 44 this Division has been persistently holding that there must be an indication in the certificate as to the nature of the substantial que..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......decisions but we find that the learned Judges failed to appreciate the facts and circumstances of this case and correctly apply the principle laid down in section 34 therein. They clearly erred in holding that section 34 was not applicable in this case. 11. Mr. SS Halder learned Counsel f..Category: Criminal Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......ument of transfer and on that view disallowed the application for preemption. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was correct in holding on its face value that the Muktipatra is only a deed of release and not a document of sale ..Category: Property Law | Date: | Hits: 106
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....efendant No. 6 Serajul Huq as first party claimed to be the importer of the, Consignment in question. The plaintiff as first party claimed himself to be the importer. Defendant No. 7 as third party disputed the claim of the first party. The disputed was referred on mutual agreement to arbitratio......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....al court adding him as a defendant in the suit. Further the objection raised by the appellants that the respondent failed to produce any up‑to‑date receipt regarding payment of yearly rent of the disputed property was not at all adverted to. The learned advocate also submitted that there being n......is appeal by leave is whether the learned Judge of the High Court Division acted legally and properly in adding respondent No. 1 as opposite party No. 3 in Civil Revision No. 2049 of 1990 upon merely holding that such addition will not prejudice either of the party in this case. 2. Facts of the c..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......dge of the High Court Division heard the revision cases together and made the Rules absolute, Leave was granted to consider whether the learned' Single Judge of the High Court Division was correct in holding that Order 22 rule 10 of the Code of Civil Procedure was not attracted in the facts of the c..Category: Limitation Law | Date: | Hits: 175
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......their head office at Motijheel, Dhaka, rejected the goods and asked the defendant to take back the consignment and refund the money. 5. The trial Court rejected the defendant's prayer after holding that the question of jurisdiction did not come under the purview of Order VII, rule 11; th..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... of the exercise of right of private defence of property has not been properly appreciated by either of the courts below. The learned Counsel contends that the prosecution failed to prove that the disputed land was in possession of the informant’s wife, but in fact, it was in possession of...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
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