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Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....al Court and the appellate Court did not accept these rent receipts as genuine when it was found that these were inconsistent with the fact that Ram Prosad Muchi was not there on the suit land at the relevant time but had been living in a different place permanently, whereupon it was highly improb......36, and even after the exchange, he is found to have continued in possession of the land for a few years more. For realisation of arrear rent Mohesh Chandra Saha filed a rent suit as appears from the papers Ext. 5 series. These papers show that Ram Prosad Muchi, the original Ijaradar was in possessi......), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On c......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....mation about the grounds of refusal to accept the process and names of the persons witnessing the refusal under rule 84(e), the report cannot be accepted. And the courts below failed to consider this relevant provision of law and committed error. Considering the evidence adduced by the appellants no.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....icences or granting other forms of largesse the government cannot act arbitrarily at its sweet will and, like a private individual, deal with standard or norms which is not arbitrary, irrational or irrelevant. The power of discretion of the Government in the matter of grant of largesse including awa......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. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1...... tender documents under Tender No. 685/Proc. dated 26-5-98 and subsequent letter from the Ministry No. LGRD dated 23-7-98 on the subject issue. In case of a conflict between the terms of the Tender documents & Ministry of LGRD decision, the letter will take precedence. On your acceptance, ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... (a) taking necessary and effective steps to implement the National Arsenic Mitigation Policy, 2004 and the National Action Plan for Arsenic Mitigation; (b) complying with the relevant provisions of the Pourashava Ordinance ,1977 and the Local Government (Union Parishad) Or......he members of the public to continue to drink water contaminated with arsenic contents. 6. We have heard the learned Counsels and also perused the records. 7. The contents of various papers annexed with the writ petition show that over the past three decades, campaigns and technica......zul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ...... Petition No.477 of 2005 and Mr. Abdur Razzaq, the learned Counsel for the petitioner in Civil Petition No. 478 of 2005 and perused the judgment of the High Court Division and other connected papers. 7. Mr. Ahmed submits that in view of the decision of the Board of directors of Sonal......ion No. 477 of 2005). Abdur Razzaq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Petitioners. (In Civil Petition No. 478 of 2005). Rafique-ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Reco......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....nsel for respondent 3, have submitted that they have no concern with the appeal, and have prayed for costs for being unnecessarily impleaded in the appeal. 4. To appreciate the point the relevant provisions of section 167(9B) of the Act may be set out: "If, in relation ...... 6. Mr. Attorney-General, however, has cited a few reported decisions in support of his contention that 'such goods' refer not to the confiscated goods, but the declared goods in any of the Customs papers, where a false declaration has been made. The cited decision are not all relevant to the pr......hmud Hossain CJ Kemaluddin Hossain J D. C. Bhaitacharya J Collector of Customs, Chittagong & anr……………Appellants Vs. M.M Shafullah and ors………….…Respondents Judgment June 29, 1977. ......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... be null and void. What has been prohibited under section 75 A of the Act is the subletting of any land in one’s khas possession, as given in clause (15) and (16) of section 2 of the Act are relevant for the purpose of construing the above section, and they are to the following effect: ...... 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. ......te Division (Civil) Present Syed ABM Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Ambia Khatun and anr.........Petitioner Vs. Syed Altaf Hossain and another…&he...... 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. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....idnight of that day, appellant Abu Taher went to his son to give him warning when he heard their conversation about warning. Evidence of PWs 4,5,9 and 14 is that they had seen the appellants on the relevant night, some before the murder and some after it, near the place of occurrence. The trial Co......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......72 (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 inconsistency amounting to perjury, the witness may be prosecuted for......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....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. ......on of auction sale of the land in suit and purchase thereof by Ganga Charan Majumder is a got-up story and that there was no auction sale of the land in suit at any point of time and that the papers filed by the plaintiffs in support of their case of auction purchase by their predecessor in......missed with costs. Ed. ......ntiff-respondents has also referred to the finding of the trial Court as to Exhibits Cha and Cha (1) whereby rent was said to have been paid to the landlord. It may be mentioned as regard the said documents the trial Court had observed that although rent receipts are old but the writings therein..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....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. ......ra Sarker left the country in 1971, that the property was in possession of the defendant Nos. 5, 7 and 8 and later on defendant Nos. 7 and 8 left the property, that the defendant No.7 created certain papers for raising claim in the property in suit and that he in collusion with the interested quarte......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Af...... plaintiff No.1 as landlord and paid rent, that defendant Nos.7 and 8 paid rent for some time but later on, in collusion with the personnel of the vested property authority have created some forged documents and got the property enlisted as vested property, that the defendant No.7 filed three suit..Category: Tenancy Law | Date: | Hits: 156
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....Collector for the maintenance of the record of rights as per provision of section 143 of the Act is in Chapter 6 of the Tenancy Rules, 1955. For our purpose Rule 23(4) of the Tenancy Rules, 1955 is relevant and the same runs as "The Revenue Officer shall, either on application or on ......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. ...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (......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. ..Category: Property Law | Date: | Hits: 35
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....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. ......o corrupt and illegal practices la collusion with Presiding Officers. 3. The case was taken up by the Tribunal for hearing on 95-77 and respondent No. Chand Miah was examined and got certain papers marked exhibits being Nos. (1) to (3) b. The appellant objected to the admission of Exhibit......M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers......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. ..Category: Election Law | Date: | Hits: 122
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other…………………..........Respondents Judgm...... Metric Tons of poly propylene value amounting to Tk. 21,00,000/- and deceived payment of Tax to the authority by forging signature of the commissioner; that by submitting the aforesaid documents on 15-06-2002 in the office of Custom House tried to release the said goods and at that t..Category: Criminal Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... the appellant who was Respondent in the Miscellaneous Appeal No.7 of 1989 did not lead any evidence to show that the address at which summons was sent by registered post was not is address at the relevant time and that postal peon did not tender the registered envelope to him and as such t...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Abdur Rob Mollah ............................Appellant Vs Shahabuddin Ahmed and others ..........Respondent Judgment October 19, 2006. Cases Referred To-...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....plaintiff and thus occasioned failure of justice. 10. Mr. Abdul Wadud Bhuiyan learned Counsel appearing on behalf of the respondent Nos.1 and 2 placed the materials on record including relevant evidence of the witnesses and submits that the learned Single Judge of the High Court......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. ...... (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Musammat Sokhina Khatun..................petitioner Vs Mosammat Rowshanara Begum and others .........Respondents Judgment July 10, 2006. Lawyers Involved: ......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. ..Category: Property Law | Date: | Hits: 37
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....e were many trees and unauthorised house and because of this condition one cannot see the home signal and the adjacent area from the outer signal. So it appears that at the place of occurrence at the relevant time there was line clearance signal for entering into through the railway line and the acc......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: ......reme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J The State …………….............Petitioner Vs. Ali Ahmed and other..........Respondents Judgment February 23, 2005. Result: The petition is dismi......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: ..Category: Criminal Law | Date: | Hits: 43
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....icense to the Bangladesh Bank to commence its banking business. 10. It appears that review was allowed mainly on the ground that at the time of discharging the Rule by the earlier Bench, the relevant file of the Ministry of Finance at note No.140 Annexure Q-1 to the writ petition and annex......afiqur Rahman, the learned Counsel for the appellant and Mr. Rokanuddin Mahmud, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 8. The writ petition was earlier heard by a Division5 Bench of the High Court Divisi......, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
.... the appellants by supporting the reasons given by the High Court Division in its judgment. 15. The submissions on behalf of both sides have received our careful scrutiny in the light of the relevant laws. The pertinent question to decide is whether the writ petitioners were public servant......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ...... Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In C.A. Nos. 30 & 32 of 1999) Government of Bangladesh and others ...................... Appellants (In C.A. Nos. 31 & 33 of 1999) Vs Lt......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
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. ......using miscarriage of justice." 6. We have heard Mr. Lutfor Rahman Mondal, the learned Advocate for the appellant and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit property belonged to Laibot Ali Pramanik. It is ...... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the judgment and order dated 30.10.2001 passed by the High Court Division in Civil Revision No. 4207 of 1996.) ......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. ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....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. ......laintiff has right, title and interest in the land in suit, that the plaintiff by reliable evidence, both oral and documentary, has established her possession in the land in suit and the papers filed by the defendants in support of their claim of possession in the land in suit are......d without costs. Ed. ......kabala nor the scribe of the kabala. In that state of the matter we are of the view High Court Division as well as the courts below were quite correct in holding that defendants did not prove their documents on the basis of which they are r claiming the land in suit. It was submitted by the lear..Category: Property Law | Date: | Hits: 25
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